A restitution order under s.84(1)(a) of the Sentencing Act 1991 (Vic) is limited to 'the stolen goods' and cannot direct transfer of a composite item (such as a whole vehicle) where only component parts were stolen. The filing of a notice of application for leave to appeal does not operate as a stay of a restitution order, and the suspension mechanism in s.570 of the Crimes Act 1958 (Vic) contains anomalous time limits that may render it ineffective in practice. A court may refuse leave to appeal against a restitution order where the beneficiary has substantially changed its position in reliance on the order during the applicant's delay.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.