Roth v Commissioner of Victims Rights [2022] NSWCATAD 123

Roth v Commissioner of Victims Rights [2022] NSWCATAD 123

The Tribunal confirmed the restitution order because it was satisfied that the victims support related to a relevant offence committed by the applicant and the applicant failed to discharge his onus of proving the asserted financial hardship. The absence of current financial documentation, discrepancies between claimed income and expenses, unexplained business account activity and CoinSpot transfers, and the applicant's capacity to earn income meant no further reduction was justified, although time to pay was allowed.

Jurisdiction
Australia
Judgment Date
12 April 2022
Procedural Posture
Administrative Review of Restitution Order Under the Victims Rights and Support Act 2013 (nsw) / Merits Review After Hearing
Outcome
Order for restitution confirmed in the sum of $21,000 and varied to allow six months from the date of decision for payment.
Legal Topics
['merits Review' 'restitution Order Against Person Convicted of Relevant Offence' 'financial Hardship' 'onus of Proof']
['administrative Law' 'victims Rights and Support'] ['merits Review' 'restitution Order Against Person Convicted of Relevant Offence' 'financial Hardship' 'onus of Proof']

Case Brief

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Procedural Posture

Administrative Review of Restitution Order Under the Victims Rights and Support Act 2013 (nsw) / Merits Review After Hearing

Legal Issues

  1. 1 ['Whether the victims support for which restitution was sought was approved with respect to a relevant offence committed by the applicant.' 'Whether the applicant proved financial hardship sufficient to set aside or further reduce the restitution order.' 'Whether the restitution order should be confirmed, varied or reversed, including as to time for payment.']

Ratio Decidendi

The Tribunal confirmed the restitution order because it was satisfied that the victims support related to a relevant offence committed by the applicant and the applicant failed to discharge his onus of proving the asserted financial hardship. The absence of current financial documentation, discrepancies between claimed income and expenses, unexplained business account activity and CoinSpot transfers, and the applicant's capacity to earn income meant no further reduction was justified, although time to pay was allowed.

Court Disposition

Order for restitution confirmed in the sum of $21,000 and varied to allow six months from the date of decision for payment.

Orders

  • ['Pursuant to s 67(1)(a) of the Victims Rights and Support Act 2013 (NSW), I confirm the order made by the respondent on 7 October 2021, which requires the applicant to make restitution in the sum of $21,000.' 'However, I vary the order dated 7 October 2021 to allow the applicant time to pay comprising a period of...