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Crimes (Sentencing) Act 2005
110Reparation orders—evidential basis for orders
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110 Reparation orders—evidential basis for orders
(1) A reparation order must not be made for the offence unless the court
considers that the order should be made on the basis of facts
established by—
(a) evidence given at the trial; or
(b) available documents; or
(c) admissions by the offender; or
(d) submissions made by or for anyone (including the director of
public prosecutions).
available documents, in relation to the offence, means any of the
(a) any written statements or admissions made for use as evidence
at a trial that would have been admissible as evidence at the trial
(b) depositions taken at any committal proceeding for the offence;
(c) any written statements or admissions used as evidence in any
committal proceeding for the offence;
(d) any other relevant written documents.
Example for par (d)
If the value of an object, or the cost of its repair, is relevant to the proceeding
for the reparation order, an affidavit by a valuer or repairer about the value
of the object or the cost of its repair would be a relevant written document.