An armed robber has tried and failed to get back $5000 of compensation money that was paid to his victim – a lone service station attendant.

Josha Pera van Sillfhout was jailed for four years and three months for robbing a Mobil service station in July 2010.

He entered the service station armed with a weapon and threatened the sole attendant before making off with money and cigarettes.

Nearly 10 years later, in January 2020, the Department of Corrections agreed to pay van Silfhout $12,000 for a breach of his privacy.

Under the Prisoners’ and Victims’ Claims Act 2005, the money was paid into a trust account and advertised, so that any victim of his offending could make a claim against it.

The service station attendant from the robbery made a claim and was awarded $5000 in compensation, according to court documents.

But van Silfhout then tried to get the money back, telling the High Court the victim was too late to claim the money.

The legislation says any claim on prisoners’ money has to be made within six years, but extends this by any time that the offender is in prison for the offence committed against the claimant.

Van Silfhout said that should not include the time he spent remand in custody before being sentenced for the robbery – just over a year and three months.

Judge Francis Cooke found in the High Court that the time on remand should be included in the calculation, placing the claim within time.

Van Silfhout disagreed and took his case to the Court of Appeal, which has now dismissed his case.

Neither the High Court nor Court of Appeal judgments gave the location of the service station which was robbed.

The Prisoners’ and Victims’ Claims Act was passed to allow victims of crime to make claims against any money awarded to offenders for wrongs that occur in the Corrections or criminal justice system.

The cases are decided by a Victims’ Special Claims Tribunal but can be appealed in the courts.