I have been charged with a number of deception offences. My lawyer has advised me to plead guilty and that I have a good chance of being sentenced to a Community Corrections Order because of my plea of guilty and my mental health. However he also says I may have to repay the money. Isn’t the fact that I already have to face a criminal record and sentencing enough?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- If are convicted of a fraud offence and you obtained property or money from the victim the court can order ‘restitution’.
- Restitution is an order to repay the amount of money that the victim has lost as a result of the fraud.
- An order for restitution operates like a judgment debt and can be enforced by the court by seizing and selling any property you have.
- An order for restitution can be made in addition to any other sentence the court considers appropriate.