Dear KARICOUM,Should a finding of guilt or conviction arise out...

Dear KARICOUM,

Should a finding of guilt or conviction arise out of the type of matters under investigation as we are led to believe (i.e. invoicing irregularities), an order for restitution or compensation is possible under s84 or s86 of the Sentencing Act (Vic) against any person involved.

Either application is summary in nature and considered ancillary to the criminal process. So long as the court does not consider the assessment as complex it will make the order, if it is complex the court will prefer to leave the parties to their ordinary civil remedies.

See R. v. Braham [1977] V.R. 104 at 107-111; R. v. Aitken [1981] VicRp 27; [1981] V.R. 241 at 245-246; R. v. Nousis Nousis [2004] VSCA 107 at [12]

Please see s84 and s86 of the Sentencing Act (Vic) below:-

http://www.austlii.edu.au/au/legis/vic/consol_act/sa1991121/s84.html

http://www.austlii.edu.au/au/legis/vic/consol_act/sa1991121/s86.html

Noting the caveat as to complexity above, in many cases the benefit of these types of orders is that little work is required for a restitution or compensation order upon a finding of guilt. The drawback is the length of time to obtain a restitution or compensation order should any charges arise and the prosecution go through the full criminal process to a contested hearing. 18 months is realistic should there be a committal and contested hearing, so don't hold your breath for a return of any monies even if charges arise. Of course, if a plea of guilty is entered then the criminal process is shortened and simplified.

As I have written earlier, don't be hasty to condemn anyone or anything yet- as is said, act in haste, repent in leisure.