Letter to Court Objecting Any Continuance Sample

Sample letter stating reasons for objection

This is an example of a letter. It is important to write your letter using your own details and based on your own circumstances. If you need more help to write your letter, you should get legal advice. Do not try to send this sample letter.

Case study – May McPhee

May McPhee has received an order for restitution in the amount of $1,500. Two years ago, May and her friend Sammy went out to the pub and got drunk.They got into a fight with the victim.The victim was injured and claimed support from Victims Services.

Both May and Sammy were convicted for the offence. May was released from gaol and is living with her partner in a rental house. May is currently enrolled in a hairdressing course at TAFE. She is also attending weekly alcohol counselling to help her with her drinking problem. May is eager to put her life back on track and start a new life with her family. She is currently receiving Centrelink payments.

May wants to apply for an objection. She wants the amount to be reduced to $500.

Ms May McPhee
1 Lilyfield Street
NOWRA NSW 2541

10 June 20xx

Commissioner of Victims Rights
Victims Ser vices
Locked Bag 5118
PARRAMATTA NSW 2124

Dear Commissioner of Victim Rights,

RE: Objection to an order for restitution
Debt Number: DO555

I am writing in relation to an objection to an order for restitution. The order was made against me on 29 May 20xx. The order for restitution is directing me to pay a total of $1,500.

I was convicted of common assault on 15 October 20xx. I pleaded guilty to this offence and was sentenced to one year in gaol.

I would like the Commissioner to take into account the following:

There was a co-offender to the offence

I did not directly cause the injuries to the victim. Sammy Smith was also charged for the offence. Sammy was charged with assault occasioning grievous bodily harm. The Court found that Sammy punched the victim which caused the injuries sustained by the victim. I was charged with common assault. I am extremely embarrassed and remorseful for my past actions.  Since being released from gaol I have been attending weekly alcohol counselling at Life Counselling in Nowra to overcome my drinking problem. I attach a copy of a letter from my counsellor.

Financial Hardship

Since being released from gaol, I have been unable to find a job.  I am currently on Centrelink benefits while I am studying at TAFE. I am currently living with my partner and our three young children in a rental property. After we pay for rent, bills and food we have approximately $40 left to live on per week. I attach a copy of my rental statement, bank statement and credit card statement showing my expenses.

The steps I have taken to put my life back on track

While I was in gaol I had time to think about my family responsibilities and future goals. Since I have been released from gaol, I enrolled myself into a hairdressing course at TAFE. I am passionate about starting my new career and I am determined to address my alcohol addiction through weekly counselling. I attach a copy of my current enrolment with TAFE and a letter from my counsellor.

Due to my financial circumstances stated above, I can't afford to pay $1,500 in full. In consideration of the reasons for my objection, I kindly seek that the Commissioner reduce the amount of the order for restitution to $500. If the amount is reduced, I can pay the amount in full.

Thank you for taking the time to consider my application. I look forward to hearing from you.

Kind regards,

M. McPhee

Ms May McPhee

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Source: https://www.lawaccess.nsw.gov.au/Pages/representing/Restitution/Responding%20to%20an%20order%20for%20restitution/Sample-letter-stating-reasons-for-objection.aspx

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