Gregory Robert Owens appeals a decision ordering him to pay restitution after pleading guilty to burglary, stealing

A man who stole more than $13,200 in goods won’t have to pay back a cent after appealing a compensation order. Here’s why

A father who was ordered to pay back more than $13,200 in restitution for goods he stole in 2019 has won his appeal to not pay the full amount.

Gregory Robert Owens, 35, appealed a decision made in the Maroochydore Magistrates Court on May 31 that resulted in a conviction being recorded after he’d pleaded guilty to three counts of stealing, two counts of burglary and one count of unlawfully using a motor vehicle.

Court documents show Owens had been sentenced after he’d stolen a car from a Parrearra home in November 2019 before stealing jewellery and household electrical items from a Kenilworth home days later.

He also pleaded guilty to stealing petrol on three separate occasions between November and December 2019.

He’d been sentenced to 488 days jail and was released on probation immediately after he’d already completed 488 days of pre-sentence custody.

Court documents show Owens was also ordered to pay $13,266.40 in restitution, which was referred to the State Penalty Enforcement Registry at the request of Owens’ solicitor due to his financial circumstances.

The court heard Owens, who works as a plasterer by trade, had issues with substance abuse and mental health problems.

Owens argued in his appeal the magistrate had “erred by having insufficient regard to the capacity” of his ability to pay any compensation.

Judge Glen Cash has ordered Gregory Robert Owens doesn’t have to pay the restitution imposed by a magistrate. Picture: Tara Croser.

Judge Glen Cash in his judgment on July 16 stated the order for Owens to repay the full amount despite his limited financial capabilities was “excessive”.

“The magistrate was told the appellant would be unable to pay compensation,” he wrote in his judgment.

“The possibility, or even likelihood that the appellant would be subject to future, punitive action at the hands of the executive was a relevant consideration.”

Judge Cash said while the magistrate had referred the restitution to the State Penalty Enforcement Registry, “it is not clear who, or what entity, was to benefit from the payment of the money”.

Judge Cash ordered Owens continue his probation but recorded a ‘no conviction’ be put in place after transcripts stated the magistrate did not specify whether a conviction should be recorded or not.