s.23Restitution to victims of offences
23
Section 23Part 8 — Restitution and Restitution Centres

Restitution to victims of offences

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Where a person is convicted of an offence or discharged under section 41 of the Penal Code (2007 Revision), the court imposing sentence on or discharging the convicted person may, on application of the Attorney-General, of a person who is the victim of the offence or on its own motion, in addition to any other measure imposed on the convicted person, order that the convicted person make restitution to another person as follows —
in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the convicted person, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable;
in the case of bodily harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the convicted person, by paying to the person an amount not exceeding all pecuniary damages, including loss of income or support, incurred as a result of the bodily harm, where the amount is readily ascertainable; and
in the case of bodily harm or threat of bodily harm resulting from the commission of the offence or the arrest or attempted arrest of the convicted person and caused to —
the convicted person’s spouse;
the common-law partner or child of the convicted person; or
any other person,
where the spouse or common-law partner, child or other person was a member of the convicted person’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) or (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the convicted person’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable.

Cross References

  • Section 41 of Penal Codeexternal

    Reference to discharge under Penal Code

Referenced By