Western Australian Current Acts Western Australian Current Acts (1) The Court by or
before which a person is convicted of an offence against section 74, or
against section 75, may, whether or not it imposes any other punishment, order
that the person convicted pay compensation to the person or body named in that
order for the costs of any repairs rendered necessary or any loss of property
suffered or expenses incurred through or by means of the offence.
(2) The order made
against a person under subsection (1), or the institution of proceedings or
the conviction of any person under the sections referred to in subsection (1),
does not affect any civil remedy against that person.
(3) In any civil
proceedings arising from the same circumstances —
(a) any
sum recovered pursuant to an order made under subsection (1) shall be taken
into account in the assessment of any damages awarded; and
(b) the
record of any criminal proceedings under this Act in relation to an offence
shall be admissible as prima facie evidence of the matters determined in those
criminal proceedings and relevant to the issues.
[Section 82 amended: No. 59 of 2004 s. 141.]