Provisional Order for Restitution objection

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Provisional Order for Restitution objection: Sexual / Indecent Assault

Victims Compensation Tribunal Restitution Hearing

Represented by Nyman Gibson Miralis, criminal defence lawyers.

Facts:

Our client received notification from Victims Services that he was required to pay a sum in excess of $30,000 in Victims Compensation. Our client had been convicted and sentenced of sexual assault and indecent assault some time before approaching Nyman Gibson Miralis for assistance. This client was a person of relatively insignificant means- he had few assets, many liabilities and some health concerns. He was not in a position to pay the amount requested.

Case Result

Our solicitor attended the Victims Compensation Tribunal and entered into negotiations with the tribunal advocate. The client was offered a moderate reduction following the negotiations. This was not satisfactory and the matter was listed before a Magistrate. Before the Magistrate, the criminal defence lawyer mounted a complex legal argument which challenged the validity of the compensation amount and addressed the Magistrate on the client’s personal circumstances.

After hearing, the chairman (magistrate) reduced the amount payable to $3,000 to be paid by monthly instalments without interest. That equates to a reduction of more than 90% off the initial amount.

The client was overjoyed. Had he been required to pay the full amount he would not have been able to support himself and his health would have suffered significantly.

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