Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Restitution Orders (Qld)
When a person is sentenced for property offences in Queensland, the court may make an order of restitution or compensation for property lost, damaged or destroyed in connection with the commission of the offence. This means the offender must pay a specified amount to reimburse the victim for their loss or for the damage caused. This power is contained in section 35 of the Penalties and Sentences Act 1992. This article deals with restitution orders in Queensland.
Orders for restitution and compensation
Section 35 states that an order for restitution or compensation can be made in a number of circumstances. The court may order:
- That the offender make restitution of property—
(i) in relation to which the offence was committed; or
(ii) taken in the course of, or in connection with, the commission of the offence; and
- pay compensation to a person for any loss or destruction of, damage caused to, or unlawful interference with, property—
(i) in relation to which the offence was committed; or
(ii) in the course of, or in connection with, the commission of the offence; and
- pay compensation for personal injury suffered by a person (whether or not the person is the victim against whom the offence was committed) because of the commission of the offence
When is a restitution order made?
A judge or magistrate will normally make an order for restitution at the time of sentence. An order for restitution can be made as a standalone order or as part of a community-based order. At a minimum, these orders will stipulate the amount to be paid by the convicted offender, the person to whom the payment will go, and the timeframe within which the payment must be received.
What is the difference between restitution and compensation?
Although often used interchangeably in practice, there is a distinction between an order for restitution and an order for compensation. An order for restitution is made to restore a victim who has suffered a financial loss as a result of the offending to their previous position. For example, a person who commits an offence of willful damage by destroying the personal belongings of another person will likely be ordered to pay restitution to that victim in the value of the destroyed item. Normally, a restitution order can only be made in favour of a person who has suffered as a direct result of the offending (a victim).
Compensation, on the other hand, can be ordered to provide relief to any person who has suffered a loss or injury in connection with the commission of the offence. This may not be the person who was the primary victim, but someone who was affected indirectly by the offender’s actions.
Restitution and sentence structure
Under section 14 of the Penalties and Sentences Act, a court must give preference to an order that compensates the victim if the offender cannot afford to pay both a fine and restitution/compensation. Further, in the Court of Appeal decision of R v Allison , it was determined that the imposition of a term of imprisonment and an order for restitution/compensation may be inappropriate in most circumstances –
“In the absence of cogent evidence that an offender has the capacity to pay compensation after release from a term of actual imprisonment imposed as part of a sentence, courts are reluctant to order offenders to pay compensation after serving a term of imprisonment. To do so may jeopardise the offender’s prospects of rehabilitation; it would amount to a crushing sentence…”
Restitution and juvenile offenders
In the case of UVB v Commissioner of Police , a similar standard to the one above was put in place. It was determined that, unless it has been shown that a juvenile offender has the capacity to pay, it is inappropriate to make a restitution order against them. The rationale emphasized in the decision is that if juveniles are not working, they cannot be reasonably expected to come up with a sum of money for payment of compensation. It is worth noting, however, that in some cases, the court has determined that it is appropriate to order that the legal guardians of a juvenile offender be ordered to pay restitution to a victim.
Failing to comply with an order for restitution
Failure to comply with the conditions of a restitution order may result in further penalties up to and including imprisonment (maximum of six months for those convicted of summary offences and maximum of one year for those convicted of indictable offences). Further, a person may be brought before the court to be resentenced for the original offence(s) if the restitution order is not complied with.
Like other monetary penalties, an order of restitution can be referred to the State Penalties Enforcement Registry, pursuant to the State Penalties Enforcement Act. Once referred, SPER will make a direct payment to the court in the sum ordered, and an offender can arrange a payment plan with SPER for the repayment of the sum.
If you require legal advice or representation in any legal matter please contact Armstrong Legal.
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