82Recovery of moneys

82. Recovery of moneys

(1) The Court by or before which a person is convicted of an offence against section 74, or against section 75, may, whether or not it imposes any other punishment, order that the person convicted pay compensation to the person or body named in that order for the costs of any repairs rendered necessary or any loss of property suffered or expenses incurred through or by means of the offence.

(2) The order made against a person under subsection (1), or the institution of proceedings or the conviction of any person under the sections referred to in subsection (1), does not affect any civil remedy against that person.

(3) In any civil proceedings arising from the same circumstances —

(a) any sum recovered pursuant to an order made under subsection (1) shall be taken into account in the assessment of any damages awarded; and

(b) the record of any criminal proceedings under this Act in relation to an offence shall be admissible as prima facie evidence of the matters determined in those criminal proceedings and relevant to the issues.

[Section 82 amended: No. 59 of 2004 s. 141.]