R v David Michael WILLS: Application by WOOLWORTHS LTD for a direction for compensation pursuant to s 77B of the Victims Support and Rehabilitation Act 1996 (NSW) [2013] NSWDC 1

District Court New South Wales

Medium Neutral Citation: R v David Michael WILLS: Application by WOOLWORTHS LTD for a direction for compensation pursuant to s 77B of the Victims Support and Rehabilitation Act 1996 (NSW) [2013] NSWDC 1 Hearing dates: 14 November 2012, 18 January 2013 Decision date: 18 January 2013 Before: Judge Haesler SC Decision: Direct that $746,806, be paid to Woolworths Limited out of the property of David Michael Wills by way of compensation for loss. Catchwords: Criminal Injuries Compensation, economic loss, corrupt rewards Legislation Cited: Confiscation of Proceeds of Crime Act 1985 Crimes Act 1900 Victims Support and Rehabilitation Act 1990 Cases Cited: Connor v R [2005] NSWCCA 431; (2005) 158 A Crim R 389 Fagan v Crime Compensation Tribunal [1982] HCA 49; (1982) 150 CLR 666 Flynn v R [2010] NSWCCA 171 R v Skaf [2001] NSWCCA 199 Category: Consequential orders Parties: Woolworths Ltd (Applicant) David Micheal Wills (Respondent) Representation: Andrew Moore (SC) (For Applicant Woolworths Ltd) Clayton Utz

Bill Nield (for Applicant Woolworths Ltd) Self represented (Respondent) File Number(s): 2009/80902

Judgment

Introduction. 1On 7 September 2012 after a trial lasting 3 months a jury found David Michael Wills guilty of fourteen receipt of a corrupt benefit and two money-laundering offences. He has been formally convicted and is to be sentenced today for those crimes, which were committed in 1997 and 1998. The corrupt benefits crimes involved the receipt by him of $1,395,000 when he was an employee of Woolworths Limited. Woolworths are in the process of suing Mr Wills in the civil courts seeking compensation for all the losses they say were caused by Mr Wills. Relying on the convictions they ask for a direction by me that Mr Wills pay $750,000 compensation for the loss sustained by them through or by reason of his offences. 2Mr Wills opposes the application.