When the Court of Appeal allows an offender's appeal against conviction and sets aside the convictions, the court has power (inherent and via s 40(1)(l) of the Criminal Appeals Act 2004 (WA)) to annul a compensation order made under pt 16 of the Sentencing Act 1995 (WA) and to make restitutionary orders against the victim, including ordering payment into court. The power is discretionary and the court will consider factors including whether a retrial is ordered, the offender's willingness and ability to satisfy any future compensation order, and the victim's financial position. The question of interest on the compensation amount may be deferred pending the outcome of any retrial.
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