R v David Michael WILLS: Application by WOOLWORTHS LTD for a direction for compensation pursuant to s 77B of the Victims Support and Rehabilitation Act 1996 (NSW) [2013] NSWDC 1

R v David Michael WILLS: Application by WOOLWORTHS LTD for a direction for compensation pursuant to s 77B of the Victims Support and Rehabilitation Act 1996 (NSW) [2013] NSWDC 1

The compensation payable to Woolworths Ltd must be calculated on the basis of corrupt benefits received by David Michael Wills, restricted by the jurisdictional limit of the court for consequential orders, and compensated only for losses directly resulting from offences proven in the criminal proceedings.

Parties
Applicant: Woolworths Ltd; Respondent: David Michael Wills
Jurisdiction
Australia
Judgment Date
18 January 2013
Procedural Posture
Application for Compensation Order Under Criminal Jurisdiction / Post Conviction, Consequential Orders
Outcome
Application granted in part
Legal Topics
Criminal Injuries Compensation, Economic Loss, Corrupt Rewards
Criminal Law Criminal Injuries Compensation Economic Loss Corrupt Rewards

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Parties

Woolworths Ltd

Applicant

David Michael Wills

Respondent

Procedural Posture

Application for Compensation Order Under Criminal Jurisdiction / Post Conviction, Consequential Orders

Legal Issues

  1. 1 Whether Woolworths Ltd is entitled to compensation under s 77B of the Victims Support and Rehabilitation Act 1990 for loss caused by offences committed by David Michael Wills
  2. 2 How compensation should be quantified given multiple counts and the jurisdictional limit

Ratio Decidendi

The compensation payable to Woolworths Ltd must be calculated on the basis of corrupt benefits received by David Michael Wills, restricted by the jurisdictional limit of the court for consequential orders, and compensated only for losses directly resulting from offences proven in the criminal proceedings.

Court Disposition

Application granted in part

Orders

  • Direct that $746,806 be paid to Woolworths Limited out of the property of David Michael Wills as compensation for loss sustained by reason of offences in Counts 6, 7, 10, 27, and 33 of the Indictment.
  • Each party to bear their costs in this application.