Commonwealth v. McIntyre

This case raises a question of first impression: Whether an award of restitution that takes account of property damage as part of a criminal conviction of assault and battery by means of a dangerous weapon, in the absence of a conviction of a crime based on property damage, exceeds the proper *830scope of a restitution order. We answer the question in the negative and uphold the judge’s determination of the amount of restitution.

Facts. After finishing his shift at the Brockton post office at 2:30 a.m. on April 8, 1998, the victim decided to collect discarded cans. Following his “special route,”…