VICTIMS COMPENSATION – PROVISIONAL ORDER FOR RESTITUTION

Published 24 Oct 2011

Case Study –

Criminal Lawyers Sydney and Parramatta Offices

Criminal Offence – Criminal Matter - Victims Compensation – Provisional Order for Restitution

Nyman Gibson Stewart

Criminal Lawyers

Victims Compensation Tribunal

Represented by: Philip Stewart 

Facts: Client pleaded guilty to Indecent Assault after having originally been charged with Sexual Assault and bail refused.  He was released from prison on the day that he entered the guilty plea.

The victim lodged a claim for Victims Compensation and was awarded $30,000.

Result: The client consulted Philip Stewart, an accredited specialist in criminal law with plenty of experience in these types of matters.

A Notice of Objection to the Provisional Order was filed in accordance with the Rules and identifying the relevant grounds of objection.  A date for the recovery proceedings was subsequently set. 

By negotiation, the need for a recovery hearing was avoided and the amount of restitution was reduced significantly.  The small amount of restitution to be paid was then able to be paid in an affordable lump sum.

To a man who had spent a period of time in prison for something that he was ultimately not convicted of, and who was financially getting back on his feet, this was a tremendous result.

*Nyman Gibson Stewart has an office across the road from the Victims Compensation Tribunal at Parramatta