VCT Restitution

Published 24 Oct 2011

Case Study – Criminal Lawyers Sydney and Parramatta Offices Criminal Offence – Criminal Matter – Sexual Assault – Victims Compensation – Restitution – Provisional Order for Restitution – Notice of Objection – restitution hearing – Victims Services Parramatta – Griffith District Court

 Nyman Gibson Stewart

Criminal Lawyers

 Victims Services Tribunal Parramatta

Represented by Solicitor: Philip Stewart, Accredited Specialist Criminal Law

Facts: Our client pleaded guilty to some historic sexual assault matters that occurred many years ago.  He received a prison sentence in Griffith District Court, and upon release received a Notice of Provisional Order for Restitution in the sum of $37,500.  He lived in a small rural community in NSW and local gossip made it difficult for him to get a job. Aged in his fifties, his prospects of employment were not great, and his health had suffered.

Result: An affidavit of financial circumstances was prepared and supporting information gathered.  We filed the Notice of Objection and asked for the matter to be set down for hearing. It was important that our client’s poor financial circumstances were taken into account so that he did not have to sell his house to pay Restitution.

We managed to negotiate an outcome that saw the Restitution reduced by more than $25,000 after properly taking into account his life circumstances. The client was extremely relieved and pleased at the outcome.