Criminal compensation orders under s.35(1)(b) of the Penalties and Sentences Act 1992 (Qld) are governed by ordinary principles of civil liability. A co-offender cannot be ordered to pay compensation for damage caused by another offender unless the material establishes the co-offender's civil liability as a joint tortfeasor. A passenger in a stolen vehicle whose offence is limited to unlawful use is not liable for damage caused by the driver absent evidence of participation in a joint enterprise that foreseeably caused the damage. The question whether s.19(2) 'additional conditions' can include compensation unconstrained by s.35 was left unresolved, with the majority proceeding on the basis that s.35 governed the compensation power.
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