Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 19

    (1)     This section applies if—

        (a)     an offender is convicted or found guilty of an offence against a territory law; and

        (b)     a person (the injured person ) suffers loss or incurs expense (including any out-of-pocket expense) as a direct result of the commission of the offence.

Note 1     Found guilty of an offence includes making a non-conviction order for the offence or taking the offence into account under s 57 (see Legislation Act, dict, pt 1).

Note 2     Certain victims of crimes may claim financial assistance under the Victims of Crime (Financial Assistance) Act 1983 .

    (2)     Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for an order under this section.

    (3)     On application under subsection (2), or its own initiative, the court may make an order (a reparation order ) requiring the offender to make reparation to the injured person, by way of a payment of money or otherwise, for the loss or expense.

Note     If the offence relates to stolen property, a reparation order may also be made under s 20 (see s 111).

    (4)     This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).

    (5)     In this section:

"loss"—see the Criminal Code, section 300.