Case facts

Client charged originally with Assault Occasioning Actual Bodily Harm, Common Assault (x 2) and Malicious Damage. A plea was entered to Common Assault matters and the remaining charges were withdrawn and dismissed. The client had no conviction recorded due no doubt to his prior good character and the minor nature of the assaults.

The victim was his wife and step-son. Notwithstanding that the facts did not mention any type of injury, an award of compensation was made to both victims due to the Domestic Violence legislation covering compensation. The total payable was nearly $15,000 for actions described in the facts as a ‘push’ and a ‘wrestle’.


Case result

The client consulted one of our criminal defence lawyers with plenty of experience in these types of restitution matters.

A Notice of Objection to the Provisional Order was filed in accordance with the Rules and identifying the relevant grounds of objection. A date for the recovery proceedings was subsequently set.

By negotiation, the amount of restitution was reduced significantly, allowing the client to make a lump sum payment with an extended period of time to pay.


Nyman Gibson Miralis provides expert advice and representation in all areas of criminal law. Contact us if you require assistance.