Bendigo and Adelaide Bank Ltd v Nalder

[2022] VCC 889

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

Case No. CR-19-02360

BENDIGO AND ADELAIDE BANK LIMITED ACN 068 049 178	First Applicant
v
GRANT JAMES NALDER	Respondent

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JUDGE:	HIS HONOUR JUDGE CARMODY
WHERE HELD:	Melbourne
DATE OF HEARING:	16 June 2022
DATE OF JUDGMENT:	20 June 2022
CASE MAY BE CITED AS:	Bendigo and Adelaide Bank Ltd v Nalder
MEDIUM NEUTRAL CITATION:	[2022] VCC 889

REASONS FOR JUDGMENT
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Subject:  CRIMINAL LAW

Catchwords: Application for compensation pursuant to s86 of the Sentencing Act 1991

Legislation Cited:     Sentencing Act 1991, s86

Judgment: The offender, Grant Nalder, pay the applicant, Bendigo and Adelaide Bank Limited ACN 068 049 178, the sum of $313,680.00 pursuant to s86 of the Sentencing Act.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr A. Purton	Hall & Wilcox Lawyers
For the Respondent	Self-Represented

HIS HONOUR:

1 The Applicant sought an order for compensation from the offender pursuant to the provisions of section 86 of the Sentencing Act 1991. The application was dated 26 August 2021. The application and accompanying documentation in support of the application was served on the offender at Margoneet Prison on 7 September 2021. Mr Nalder acknowledge during the hearing that he had received the relevant documentation and also the applicant’s written submissions dated 3 February 2022. Mr Nalder appeared by audio-visual link from Beechworth Correctional Centre.

2       The applicant relied upon the following documentation to substantiate its claim for compensation:

(1) Reasons for Sentence – Judge Smallwood dated 10 September            2020;

(2) Affidavit for Anton Marrone dated 20 August 2021;

(3) Written submissions prepared by Anton Purton of Counsel dated 3            February 2022.

3       The offender, Mr Nalder, had pleaded guilty to charges of theft from and damage to the Automatic Teller Machine (“ATM”) at Beaufort and Lake Bolac. The offender also pleaded guilty to criminal damage to an ATM at Clunes. Mr Nalder was unable to access the money in the Clunes ATM. Mr Nalder was sentenced to a term of imprisonment for each of these offences by Judge Smallwood.

4       I am satisfied that it I appropriate to make an order for compensation in favour of the applicant in respect of:

1. Cash from the Beaufort ATM;

2. The insurance excess paid by the applicant for damage to the Beaufort ATM;

3. Cash from the Lake Bolac ATM;

4. The insurance excess paid by the applicant for damage to the Lake Bolac ATM;

5. The insurance excess paid by the applicant for damage to the Clunes ATM.

5       In this application Mr Marrone has deposed that the relevant losses from the offending by Mr Nalder in respect of the three ATM’s referred to above are as follows:

Beaufort Loss – Cash	$186,810.00
Beaufort Loss – Insurance excess	$10,000.00
Lake Bolac Loss – Cash	$96,870.00
Lake Bolac Loss – Insurance excess	$10,000.00
excess	$10,000.00
	Total	$313,680.00

6 Consistent with section 86 (9D), I make no order as to costs in respect of this proceeding.

Orders

7       I order that:

1.The offender, Grant Nalder, pay the applicant, Bendigo and Adelaide Bank Limited ACN 068 049 178, the sum of $313,680.00 pursuant to s86 of the Sentencing Act.

2. The compensation amount of $313,680.00 be paid directly from a National Australia Bank account held in the name of Mrs LA and Mr JC Haley, account number 083-537 43-107-4431 (the bank account). The bank account funds were restrained by an Order of this Court on 24 September 2019 (CI-19-03480).