Australian Capital Territory v KK (a pseudonym)
[2017] ACTMC 4
•8 February 2017
MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | Australian Capital Territory v KK (a pseudonym) |
| Citation: | [2017] ACTMC 4 |
| Hearing Date(s): | 27 October 2015 |
| DecisionDate: | 8 February 2017 |
| Before: | Magistrate Morrison |
| Decision: | See [7] |
| Category: | Principal Judgment |
Catchwords: | CIVIL LAW – objection to confirmation of provisional restitution order under Victims of Crime (Financial Assistance) Act 1983 (ACT) |
Legislation Cited: | Victims of Crime (Financial Assistance) Act 1983 (ACT), s 54 |
Cases Cited: | Australian Capital Territory v Shaor [2017] ACTMC 1 |
| Parties: | Australian Capital Territory (Applicant) |
| Representation: | Counsel Solicitors |
| File Number: | AP 29 of 2015 |
MAGISTRATE MORRISON:
On 20 May 2015 the Deputy Registrar of this Court made a provisional order under s54 of the Victims of Crime (Financial Assistance) Act 1983 (ACT) requiring KK to pay the Territory the sum of $50,000.00. KK (the objector) filed a notice of objection to that order.
The objector also filed an affidavit in support of his objection. There was no objection to its contents at the hearing. The objector was not required for cross examination and no other evidence was received at the hearing.
In my reasons for decision in the matter of Australian Capital Territory v Shaor [2017] ACTMC 1 published on 8 February 2017 I set out my conclusions on some of the decision making criteria to be applied in dealing with objections to provisional orders. I rely upon the conclusions reached on decision making criteria in those reasons without repeating them here.
The unchallenged evidence before me is to the effect that the objector was convicted of murder on 8 October 2013. He was a young person at the time of the offending. He was sentenced to a term of 18 years imprisonment with a non-parole period of 10 years and 6 months. His only source of income is what he describes as a “prison pension” in an amount of $15 per week. He spends that amount on what are described in his affidavit as “food and general household supplies”. He has no income, no assets and no other financial resources.
I am satisfied on the basis of that evidence that the objector has no present capacity to make any meaningful repayment to the Territory.
Given the length of the non-parole period of his sentence there is no occasion to embark upon any detailed examination of the objector’s future capacity to pay upon his release from custody. On any analysis an order to which no effect could be given until the completion of a 10 year non-parole period would be unreasonably protracted.
In the circumstances I do not confirm the provisional order and it is discharged.
I certify that the preceding seven (7) paragraphs are a true copy of the Reasons for Decision of his Honour Magistrate P J Morrison.
Associate: Emma Buckland
Date: 8 February 2017
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