Easterday v WA

[2005] WASCA 202

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Restitution orders
3. › Repayment following quashing of conviction
4. › Whether orders for repayment should be stayed pending parallel civil proceedings
5. › Criminal Code (WA), s 697, s 717
1. Practice and Procedure
2. › Stay of execution
3. › Restitution following reversal of judgment
4. › Whether stay should be granted where recipient claims entitlement under civil law to money in question
5. › Whether stay would fail to restore successful appellant to position prior to erroneous judgment
1. Practice and Procedure
2. › Interest
3. › Whether simple or compound interest payable on restitution of money paid under reversed judgment
4. › Whether determination of interest should be deferred pending parallel civil proceedings
5. › Supreme Court Act 1935 (WA), s 32

Quick Take

Where criminal restitution orders are declared void following the quashing of convictions, the recipient must repay the money and cannot obtain a stay of execution merely because parallel civil proceedings exist in which it claims entitlement to the same money. The question of whether compound interest may be awarded on such repayment was left open.