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 Solicitor: Philip Stewart 

Facts: Client charged with manslaughter following the attack upon his brother’s property by a number of males at random.  The self defence used was excessive.  He was sent to prison for a couple of years.

Since being released from gaol, he found work very hard to come by and he was not coping well financially.

The family of the deceased were awarded (in total) $50,000.  Our client was then sent a Provisional Order for Restitution, not long after he had been released from gaol.  He had no way of paying that amount.  If a judgment debt was made against him for that amount, it would have caused him problems for years to come

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.  The grounds of objection in this case went beyond mere financial incapacity.

After substantial negotiation, the amount was reduced significantly allowing the client to make payments from his Centrelink allowance, interest free, at an affordable rate that would not send him to the wall financially.

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