ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
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 Order (Vic)
When a person is sentenced for a property offence in Victoria, the court may make an order of restitution or compensation for property that was lost, damaged or destroyed in the offence. The order requires the offender to pay a specified amount to reimburse the victim for their loss or for the damage caused.
The power to make an order for restitution generally is found in section 84 of the Sentencing Act 1991. If a person is found guilty of a commonwealth offence, section 21B of the Crimes Act 1914 allows a local court to make a reparation order.
The power to make an order for restitution for property offences committed by adults is found in sections 33 and 34 of the Summary Offences Act 1966. The equivalent law for children is found in section 360(3)(a) of the Children, Youth and Families Act 2005.
A restitution order is made as part of the sentencing process but is separate and added to the end of a criminal trial to benefit victims.
Why is a restitution order made?
The aim of a restitution order is to restore the victim to their original position as much as is practicable. The power to make an order recognises the impacts of crime can be psychological, physical or financial, as well as diverse, far-reaching and long term. An order can have a validating effect for a victim, especially when an offender has not been convicted of the offence.
One purpose of the Sentencing Act is to “ensure the victims of crime receive adequate compensation and restitution”. A restitution order provides a fast, efficient and cheap way to compensate victims compared to civil proceedings against an offender.
Making an order
The Sentencing Act allows a court to make several types of orders:
- an order that the person who has possession or control of stolen goods return them to the person entitled to them;
- an order that an offender deliver or transfer to another person goods that directly or indirectly represent the stolen property i.e. goods that are the proceeds for any sale or realisation of the stolen property;
- an order that the offender pay the value (and nothing more) of the stolen property to another person.
If a person has in good faith bought stolen property, or loaned money on the security of the stolen property, the buyer or lender can apply to the court for an order that the offender pay to them the purchase price or amount loaned.
A restitution order cannot be considered a mitigating factor in sentencing, because this could allow a wealthy offender to buy their way out of punishment.
An order can be made on application after the offender is found guilty or convicted of an offence. The application can be made by the person affected or on that person’s behalf by the prosecution (Director of Public Prosecutions or DPP). The category of affected people is broad and can include witnesses and parents.
If an offender fails to comply with a restitution order that requires payment of money, this results in a judgment debt. Such a debt order can be enforced by the court that made the order, such as by an instalment order which requires the offender to pay off the debt in instalments. Non-compliance does not affect the rest of an offender’s sentence or expose them to further criminal penalties.
Conditions for an order to be made
The DPP can apply for a restitution order only if:
- the offender pleads guilty or is found guilty;
- there is enough evidence to justify an application;
- the amount can be easily determined;
- the offender does not oppose an application;
- the offender’s financial situation allows for at least some of the order to be enforced;
- in the case of a child or a person who cannot manage their affairs, a suitable person is available to act as a litigation guardian.
If the DPP chooses not to apply for a restitution order on behalf of a victim, the victim must be referred to another service for help.
If a victim receives an order for restitution, they can still pursue civil action against an offender for any amount that was not met by the order.
An appeal of a restitution order can be made by the DPP only, and only when the DPP is satisfied there has been an error and in is in the public interest to appeal. A victim cannot appeal an order but can be heard in the Court of Appeal if a court has set aside an offender’s conviction and a restitution order made as a result of that conviction is in doubt.
Other help for victims
A court can also make a compensation order against an offender for loss of property or injury. An order can be made on application by the DPP or the victim, or the court’s own motion.
A victim can pursue compensation for loss of property or injury directly from an offender, via suing for damages in a civil case.
The Victims of Crime Assistance Tribunal (VOCAT) administers a financial assistance scheme for victims of crime, under the Victims of Crime Assistance Act 1996. The Act entitles victims of serious crime to state-funded compensation to help recovery when the victims cannot obtain help from the offender or another source. The criminal acts covered by the scheme are limited and include stalking, child stealing, kidnapping, prescribed sexual offences and serious assault.
For advice or representation in any legal matter, please contact Armstrong Legal.
Under the Victorian Sentencing Act (1991) a person who is charged with criminal offences is classified as a young offender if…
In Victoria, diversion programs aim to keep child offenders out of the criminal justice system via early intervention. There are…
Extra-curial punishment is serious loss or detriment imposed on an offender other than that imposed by a court. Such punishment…
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth