R v O'Rourke - [1990] 1 NZLR 155

Criminal law — Sentence — Reparation — Accused was found stripping down a stolen car and was convicted of receiving the car — Accused was sentenced to make reparation of $8350 to the insurer who had indemnified the owner — Whether the accused as opposed to the original thief had caused the damage to the car — Whether the provisions of the Criminal Justice Act authorising an order of reparation were intended to benefit insurers — Whether the accused should pay the full amount of the insurer's loss as reparation — Criminal Justice Act 1985, ss 22 and 23.

Criminal law — Sentence — Receiving — Accused was convicted of receiving a stolen car and sentenced to six months periodic detention and to make reparation — Observations on the possibility that the prevalence of that sort of offending amounted to a "special circumstance" within the meaning of s 6 of the Criminal Justice Act 1985 justifying a custodial sentence.