NSW Statute of Limitations for Compensation?

[aitchkay]

Some time ago, I caused six figures worth of damage through intentional destruction of property and was convicted some time after the crime occurred. I was ordered to pay compensation at the sentencing, though considerably less than the victim was asking for as the judge took into account my ability or rather lack-thereof at the time to pay back the rather large amount.

In addition to the person who received less compensation that they asked for, several other people would at least theoretically be able to say they suffered financial loss both directly and indirectly as a result of the crime I was convicted of.

Considering that I was convicted and ordered to pay an amount of compensation, which I have since paid in full, can any of these people take up a civil case against me in an attempt to get more compensation? And if so, is there a statute of limitations for how long said people would be able to take me to court? Would the statute of limitations start from when the crime occurred, when I was arrested for it, or when I was convicted of it?

Apologies if this is in the wrong section to ask this - I was unsure of where it best belonged. If you are unsure of the answer but know of a lawyer who would be able to answer it feel free to direct me to them. I would be happy to pay for a definitive answer but do not know who to ask. My defence lawyer said he did not know the answer as civil compensation was not his area of expertise.

Thanks for your time.

 

[Lance]

Hi

So to work out how long really depends if it was a summary offence or an indictable offence. Summary offences are usually the ones dealt with in a local court by a magistrate, and they usually have a maximum penalty of up to two years imprisonment.

According to the section 179 of the Criminal Procedure Act the statute of limitations on a summary offence is generally six months after the offence was allegedly committed. For an indictable offence its usually dealt with in District court and it can carry a higher penalty.

More serious indictable offences can have a statute of limitations of up to two years from when the offence was alleged to have been committed, or up to six months after the conclusion of the matter being finalised in court.

Of course none of this holds true if the offence comes under another act or section of the law which applies a longer statute of limitations.

 

[aitchkay]

Hi Lance. Thanks so much for your response, I really appreciate it.

The offence was indictable, though the matter was held at the local court. In any case it has been longer than 2 years since the offence occurred and more than six months since it was finalised in court.

How would I be able to find out if the comes under another act or section of the law? Would that information be in any of the police or court transcripts I may be able to look up? If it helps you or anybody else to answer the question I can give more details about the offence. Everybody involved was over 18.

There was a grievance between myself and another adult male, the end result of which was the destruction of his property and others by myself. Nobody was injured, though my lawyer said given the circumstances he was surprised the police didn't choose to add a harass and intimidate charge to the list of destruction charges.

 

[Rod]

Details are sketchy, but if the first case only dealt with the crime, then it may be possible for a civil case to be made against you as well and they have 6 years to bring a case.

 

[aitchkay]

Hi Rod. Thanks for replying. Your Information differs from the previous reply, which cited a specific act. Where did you get the figure of 6 years from?

 

[Rod]

Lance's post is dealing with criminal acts and when you can be charged with additional criminal offences.

I am saying that for civil causes of actions, the Limitations Act NSW has a limitation of 6 years for a cause of action founded on a tort (in this instance, intentional damage to goods). It is unclear from the few facts if any other causes of action are possible.

Are you thinking of telling them to suck it up you are getting nothing more from me? If so, it is probably not a wise move.

 

[aitchkay]

Thanks for clarifying Rod.

No no not planning on taunting them or anything like that. Firstly it's just helpful to know how long I have to worry about the issue for, but also I'm considering going off the grid so to speak until the statute of limitations has elapsed. I figure if nobody can find me then they can't take me to court.

My next question was going to be if they can't find me can I still be ordered to pay compensation in my absence?

 

[Rod]

My next question was going to be if they can't find me can I still be ordered to pay compensation in my absence?

Quite likely. You would not be the first person to go 'off grid'. You could try, but I do not like your chances.

The court system has coped with this for a long time when hiding was much easier than in today's connected world. It can make orders in your absence and can also extend the statute of limitations when it feels like the circumstances warrant an extension. I suspect hiding to avoid court action would be sufficient to allow the court to extend the limitations of actions.

Considering that I was convicted and ordered to pay an amount of compensation, which I have since paid in full, can any of these people take up a civil case against me

Forgot to ask if there is anything in the orders saying this matter is finalised and civil action cannot be undertaken. ie Is there some kind of settlement agreement? Your lawyer should know if this is the situation.

 

[aitchkay]

Hi Rod.

Thanks again for your helpful answers.

In terms of going off grid I was thinking of just going backpacking for a couple years, which is something I've actually done before purely for pleasure, but if I can still be ordered to pay compensation even if I'm gallivanting around in some third world country I think i'll just stay in plain sight.

There was no formal settlement agreement. As soon as I was sentenced the magistrate said she would now deal with the issue of compensation. I was ordered to pay two people $800, which was the excess of their insurance policies. One of those two people was only asking for $800. The other person was asking for $30,000, which he said was the difference between what his insurance company covered and what his goods were actually worth; he said he was underinsured.

The magistrate said she 'had to be realistic about what I could be expected to pay back from prison' so she rejected his claim of $30,000 and instead only ordered I pay his excess. (I got the feeling the magistrate was quite sympathetic towards me; the guy whose property I destroyed was accused of molesting children.) I paid both compensation amounts in full upon release from custody.

Anyway I'm now concerned that said person can take a civil case against me for the remainder of his $30,000, and that either person may take up a civil case against me for generic hardship suffered as a result of the destruction. Does that information help explain my situation and the chances of this being able to happen? I am happy to provide more detail if it would help you.

My last question is when does the 6-year statute of limitations start from? When the crime occurred, when I was arrested (I announced my intention to plead guilty the day I was arrested and the media printed this intention two days later) or when I was sentenced?

I ask as there was a period of about one year between each of these events occurring.

 

[Rod]

My last question is when does the 6 year statute of limitations start from?

Generally starts from the time the damage was done. I don't think your court cases affect the start date, but not confident of this.