R v Schultz [2022] NSWDC 63
The entities did not suffer compensable loss through or by reason of the offences, as the work for which payment was made was performed to the required standard, and thus the causal connection required for a compensation order was not established; therefore, the Crown's application is refused.
- Parties
- Applicant: Regina (Crown); Respondent: Timothy Leslie Schultz
- Jurisdiction
- Australia
- Judgment Date
- 02 March 2022
- Procedural Posture
- Criminal / Application for Compensation Orders After Conviction and Sentence
- Outcome
- Application for compensation refused
- Legal Topics
- Compensation Orders, Victims Rights and Support Act 2013, Corporation as Aggrieved Person, Dishonestly Obtain Financial Advantage by Deception
Case Brief
Summary, issues, holding and outcome
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Parties
Regina (Crown)
Applicant
Timothy Leslie Schultz
Respondent
Procedural Posture
Criminal / Application for Compensation Orders After Conviction and Sentence
Legal Issues
- 1 Does 'person' in the Victims Rights and Support Act 2013 include corporations?
- 2 Are any of the applying entities corporations as defined under s 57A of the Corporations Act 2001 (Cth)?
- 3 Have the aggrieved persons suffered loss through or by reason of the offences?
Ratio Decidendi
The entities did not suffer compensable loss through or by reason of the offences, as the work for which payment was made was performed to the required standard, and thus the causal connection required for a compensation order was not established; therefore, the Crown's application is refused.
Court Disposition
Application for compensation refused
Orders
- I refuse to make the orders for compensation sought by the Crown.
Full Case Text
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