Victorian Current Acts

SENTENCING ACT 1991 - SECT 85B

    (1)     If a court—

        (a)     finds a person guilty of an offence; or

        (b)     convicts a person of an offence—

it may, on the application of a person who has suffered any injury as a direct result of the offence, order the offender to pay compensation of such amount as the court thinks fit for any matter referred to in paragraphs (a) to (d) of subsection (2).

    (2)     A compensation order may be made up of amounts—

        (a)     for pain and suffering experienced by the victim as a direct result of the offence;

        (b)     for some or all of any expenses actually incurred, or reasonably likely to be incurred, by the victim for reasonable counselling services as a direct result of the offence;

        (c)     for some or all of any medical expenses actually and reasonably incurred, or reasonably likely to be incurred, by the victim as a direct result of the offence;

        (d)     for some or all of any other expenses actually and reasonably incurred, or reasonably likely to be incurred, by the victim as a direct result of the offence, not including any expense arising from loss of or damage to property.

S. 85B(3) amended by No. 68/2009 s. 97(Sch. item 110.63).

    (3)     In subsection (2) "offence" includes, in relation to a person who has been found guilty or convicted of an offence that was treated by the court as a representative or sample charge, any other occurrence of the same offence involved in the course of conduct of which the charge was representative or a sample.

    (4)     In making a compensation order the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable.

S. 85C
inserted by No. 54/2000 s. 21.