The tricky part is that, in a sense, it partially ends up falling to the Crown, which is making the plea around what the nature of the penalty should be. Given the variety of issues that could come up, one would have to think carefully about what sort of statutory constraint one wants to impose. Do you tie it tightly to the specific damage that occurred, or do you want to provide a little more discretion on the part of both the judge, and, as I said, typically the Crown, in making the case as to where those resources should go?
On February 1st, 2021. See this statement in context.