WA Restitution Order - Getting Jewellery Back from Police?

[Blubarb]

My friend was involved in a jewellery fraud, and lost two expensive items. One item was sold to a pawn shop and from there sold and ended up on eBay where it was found recently. Anyway, the bloke who actually stole the items was found guilty and sent to prison late last year and at the time the court made a restitution order. The item is now in the hands of the police.

There was 12 counts of fraud of which his made up two. The police officer said he may or may not get his property back because of that order. Do you know if that means the police might sell the item and give the money to someone else on the order who has suffered a greater loss or would it be sold and the money apportioned or will he just get his item back?

Would appreciate any views and ideas.

 

[Blubarb]

Anyone?

 

[Blubarb]

To simplify, where there are multiple victims in a fraud case, how is a restitution order structured:

1. Is a recovered item sold and the proceeds apportioned to all victims? Or
2. is the item returned to the rightful owner irrespective of who else is on the order?

 

[Rod]

First off - the police should not sell the item.

Depending on the details the item may be returned to the original owner, or to the person who bought it in good faith and paid a fair price. The thief would then have to compensate whoever didn't get the item back.

 

[Blubarb]

First off - the police should not sell the item.

Depending on the details the item may be returned to the original owner, or to the person who bought it in good faith and paid a fair price. The thief would then have to compensate whoever didn't get the item back.

I imagine it comes down to how the order was written unless it's a decision by the coppers. I can't see anything in the Sentencing Act that directs a court in regards to restitution - it has to be somewhere don't you think?

 

[Rod]

Not sure about WA laws. In any case I'd be reading the judgement asap, and then if the judgement is worded in your favour, writing to the police asking for the return of the goods.

Restitution from a criminal with no financial means might be $5/wk for x yrs.