Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 86

Compensation order

86. Compensation order



(1) If a court finds a person guilty of, or convicts a person of, an offence
it may, on the application of a person suffering loss or destruction of, or
damage to, property as a result of the offence, order the offender to pay any
compensation for the loss, destruction or damage (not exceeding the value of
the property lost, destroyed or damaged) that the court thinks fit.

(2) If a court decides to make an order under subsection (1) it may in
determining the amount and method of payment of the compensation take into
account, as far as practicable, the financial circumstances of the offender
and the nature of the burden that its payment will impose.

(3) A court is not prevented from making an order under subsection (1) only
because it has been unable to find out the financial circumstances of the
offender.

(4) In making an order under subsection (1) the court may direct that the
compensation be paid by instalments and that in default of payment of any one
instalment the whole of the compensation remaining unpaid shall become due and
payable.

(5) An order under subsection (1)-

   (a)  may be made on an application made as soon as practicable after the
        offender is found guilty, or convicted, of the offence; and



   (b)  may be made in favour of a person on an application made-

   (i)  by that person; or

   (ii) on that person's behalf by the Director of Public Prosecutions or (if
        the sentencing court was the Magistrates' Court) the informant or
        police prosecutor.

(6) Nothing in subsection (5)(b)(ii) requires the Director of Public
Prosecutions or the informant or police prosecutor (as the case requires) to
make an application on behalf of a person.



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(7) On an application under this section-

   (a)  a finding of any fact made by a court in a proceeding for the offence
        is evidence and, in the absence of evidence to the contrary, proof of
        that fact; and

   (b)  the finding may be proved by production of a document under the seal
        of the court from which the finding appears.

(8) A court must not exercise the powers conferred by this section unless in
the opinion of the court the relevant facts sufficiently appear from evidence
given at the hearing of the charge or from the available documents, together
with admissions made by or on behalf of any person in connection with the
proposed exercise of the powers.

(9) In subsection (8) the available documents means-

   (a)  any written statements or admissions which were made for use, and
        would have been admissible, as evidence on the hearing of the charge;
        or

   (b)  the depositions taken at the committal proceeding; or

   (c)  any written statements or admissions used as evidence in the committal
        proceeding; or



   (d)  any victim impact statement made to the court for the purpose of
        assisting it in determining sentence.





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(9D) Despite any rule of law or practice to the contrary or any provision to
the contrary made by or under any other Act, each party to a proceeding under
this section must bear their own costs of the proceeding unless the court
otherwise determines.

(10) Nothing in this section takes away from, or affects the right of, any
person to recover damages for, or to be indemnified against, any loss,
destruction or damage so far as it is not satisfied by payment or recovery of
compensation under this section.

(11) References in this section to property include references to a motor
vehicle.