A personal representative (executor) who sells estate property and retains the proceeds commits theft of land under s 73(6)(a) of the Crimes Act 1958 (Vic), notwithstanding that the executor holds both legal and beneficial ownership of the estate property during administration. The word 'committed' in Schedule 2 of the Confiscation Act 1997 does not require conviction before a restraining order can be obtained; the schedule item describes the character of the offence, and the formulation of the charge provides the prima facie basis for determining whether it fits within a Schedule 2 item. The phrase 'founded on the same facts' in s 8 of the Confiscation Act 1997 directs attention to the foundational circumstances of the offences and does not require identical facts. The question whether this phrase carries the same settled meaning as in the Criminal Procedure Act 2009 joinder context was left open.
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