Photo: RNZ / Dan Cook
A convicted robber has managed to hold on to $5000 previously awarded to his victim after the Supreme Court ruled in his favour.
Joshua Pera van Silfhout robbed a Mobil petrol station of money and cigarettes, and threatened the sole attendant in July 2010.
He spent four years and three months in custody for the crime between 2013 and 2017, including more than a year on remand.
In 2020 the Department of Corrections agreed to pay van Silfhout $12,000 compensation for an alleged breach of privacy.
The service station attendant made a claim against the compensation payment with the Victims' Special Claims Tribunal and won $5000.
Van Silfhout appealed that decision, arguing that the attendant's claim had been made too late.
That was because a victim has a deadline of six years from when the crime was committed, minus time served, to make a special victim claim.
The issue for the courts then became whether the time van Silfhout spent on remand counted towards his time served.
The High Court and Court of Appeal agreed it did, meaning the six-year deadline had not lapsed and the attendant's claim stood.
But the Supreme Court disagreed and allowed the appeal ruling the time spent on remand did not add to time served and the six year deadline had lapsed.
It set aside the $5000 for the appellant.
