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Ned v. State8/19/2005
or wrongful act or omission of another." In other words, some expenses are simply too indirectly related to the wrongful homicide to qualify for reimbursement.
By analogy, we conclude that the test for awarding restitution in a criminal case is not a "but for" test. If this were the test - if a defendant's liability for restitution extended to any and all expenses that could be traced causally to the defendant's wrongful act - then the scope of restitution in a criminal case would exceed the scope of damages that could lawfully be awarded in a wrongful death lawsuit based on the same conduct. It is true that, in past decisions, we have recognized that the purpose of the restitution statutes is " make full restitution available to all persons who have been injured as a result of criminal behavior, to the greatest extent possible". Nevertheless, we do not think that the legislature intended for restitution in criminal cases to exceed the restitution that could be awarded in related civil cases.
Ned does not contest that the restitution statute allows a sentencing judge to order the defendant to repay the reasonable expenses of the funeral itself. And, as we noted previously, there are court decisions which uphold awards of restitution for the travel expenses of relatives or personal representatives who must settle or attend to the affairs of the deceased. But we have found no cases in which restitution has been awarded for all of the money spent to bring the deceased's friends and relatives to the funeral.
We acknowledge that these travel expenses are real and verifiable. And in some cases, unquestionably, these expenses are a hardship to the people who pay them. But we have significant doubt whether the travel costs of all family members and friends are a sufficiently direct result of the defendant's crime to qualify for restitution. In other words, we have significant doubt whether the legislature intended for the defendant's liability to be this broad. And, because we are dealing with a question of criminal liability, we must resolve our doubt in favor of the defendant.
As explained above, Ned does not contest his liability for the travel expenses of those relatives who qualify as "victims" under AS 12.55.185(17)(C). For this reason, we need not decide whether this portion of Ned's restitution order was lawful. However, we vacate the portion of the order directing Ned to pay restitution for the expense of bringing other relatives and friends to the funeral.
Conclusion
Ned's conviction is AFFIRMED. Moreover, we uphold the superior court's decision that Ned was subject to a 7-year presumptive term of imprisonment. However, we VACATE the 3 years of suspended imprisonment that the superior court added to this presumptive term. In addition, we VACATE the portion of the judgement that directs Ned to pay restitution for the travel expenses of relatives and friends of Brett Stevens who do not qualify as victims under the definition contained in AS 12.55.185(17)(C).
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