- Domestic Violence Statistics
- What is Domestic Violence?
- Types of Domestic Violence
- Domestic Violence Against Men
- Domestic Violence Against Women
- Common Assault Offences, Penalties, Sentences & Defences
- Sexual Assault Offences, Penalties, Sentences & Defences
Domestic violence in any of its forms is completely unacceptable, and is mainly committed by men against women and children. The Law in Australia, and in every state and territory now acknowledges this.
A woman is murdered every week by her current or former partner, according to the Australian Institute of Criminology.
Domestic violence happens across all communities. It's not discriminatory and it includes physical violence and exploitation of power imbalances which can go on for years.
Domestic violence is also known to impact those most vulnerable, particularly children who are exposed to domestic violence as either a victim or witness. This can have long term effects on children in respect to physical, psychological and emotional harm.
Domestic and family violence is prevalent across not only NSW, but Australia. This is strongly reflected in statistics, based on research.
To tackle this issue, new NSW legislation was introduced to better respond to domestic violence, called the Crimes (Domestic and Personal Violence) Act 2007 (NSW) ('CDPV Act').
This law now gives greater power to senior police officers. It allows them to now make and issue provisional AVOs immediately after a domestic violence is reported. The law also now allows alleged victims of domestic violence to give their evidence in court through audio visual link (AVL) rather than in-person.
The new laws also acknowledge and give force to AVOs from other states and territories to be recognised and effective in NSW.
With over 20-years experience, our team consists of Australia's most respected and experienced Domestic Violence Lawyers who hold an outstanding track record of exceptional results in securing not guilty verdicts in jury trials, negotiating with police to get charges dropped early, and achieving s10 non-convictions and conditional release orders (non-convictions) on sentence.
Here we outline the prevalence of domestic violence, what is domestic violence, and the laws on domestic violence in NSW.
DOMESTIC VIOLENCE HOTLINE & HELPLINE | DOMESTIC VIOLENCE HELP & SUPPORT SERVICES
Domestic violence hotlines and helplines are provided across many organisations that have been established to help those in need.
If in danger, it is always advisable to call police on '000'.
Some of the confidential domestic violence hotlines and helplines are outlined in the below table:
Contact Number | Details of Service |
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1800RESPECT (1800 737 732) | They are available 24/7 and provide confidential information, support service and counselling for victims of domestic violence. |
1800 656 463 | This is the Domestic Violence Line available 24/7, providing crisis counselling, and referral service for women, and trans women. |
13 11 14 | This is a contact number for lifeline for crisis support and suicide prevention. |
1800 737 732 | This is the 24/7 hotline providing free counselling through the National Sexual Assault, Domestic Family Violence Counselling Service. |
1300 789 978 | This is the Mensline Australia hotline. |
DOMESTIC VIOLENCE STATISTICS
Domestic and family violence is highly prevalent across Australia.
A large amount of domestic violence still remains unreported.
The following table outlines the extent of unreported gender based domestic violence, reflected in the Australian Bureau of Statistics (ABS) Personal Safety Survey in 2012.
Gender | % who've not contacted police after experiencing violence from a recent partner. |
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Male | 94.7% |
Female | 80.2% |
The below table reflects a 2013 survey conducted by NSW Bureau of Crime Statistics and Research (BOCSAR).
Number of victims who attended domestic violence services | % who reported their most recent incident to police. |
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300 | 51.8% |
In 2015, 29,001 domestic violence assault incidents were recorded in NSW. Since 2011 to December 2018, this figure increased 1.9%.
Of the increase, incidents of recorded domestic violence related sexual offences, property damage, harassment, and threats all increased during the same period.
In comparison, in 2015, 30,660 non-domestic violence assault incidents were recorded in NSW. Since 2011, over the same period, this figure reduced by 4.8%.
In 2014, within NSW, 26,543 apprehended domestic violence orders (DVOs) were granted. 13,310 DVOs were breached from period April 2015 to March 2016. This represents a 4.7% increase of DVO breaches over the preceding 5-year period.
DOMESTIC VIOLENCE AGAINST WOMEN
The below table outlines the number of recorded incidents of domestic violence assaults involving female victims and alleged male offenders from April 2015 to March 2016.
Number of incidents of recorded domestic violence assaults April 2015 - March 2016 | % of Female Victims | % of Alleged Male Offenders |
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29,227 | 69.54% | 80.96% |
The below table outlines the number of recorded incidents of breaches of domestic violence orders involving female victims for period April 2015 to March 2016.
Number of incidents of recorded breaches of DVOs April 2015 - March 2016 | % of Female Victims |
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29,227 | 83.09% |
The below table outlines the number of domestic violence assault and homicide child victims.
% of domestic violence assault child victims April 2015 - March 2016 | % of domestic violence homicide child victims 2000 - 2012 |
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11.80% | 21.43% |
DOMESTIC VIOLENCE AGAINST MEN
Is domestic violence gendered in Australia?
The below table outlines the findings reported by the ABS in the same 2012 Personal Safety Survey.
Gender | % who've experienced violence perpetrated by a current or former partner since 15 years of age. |
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Male | 5.3% |
Female | 16.9% |
The below table outlines the extent of homicides reported in NSW for period 1 July 2000 to 30 June 2012, and percentage of gender based domestic violence victims.
Number of homicides reported in NSW 1 July 2000 to 30 June 2012 | Numbers that occurred in domestic violence context | Numbers of domestic homicide female victims | Numbers of domestic homicide male victims |
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995 | 280 | 164 | 116 |
59% of domestic homicides involved victims who were killed by their intimate partner (current or former). 78% of those were female intimate partner victims.
DOMESTIC VIOLENCE CASES
Domestic violence cases are regularly heard in court.
It's common for the court to hear a case where the DVO is breached as a result of the offender committing an assault against the protected person in an existing AVO.
In those instances, police usually charge the offender separately for both charges of assault and breach of AVO, even though the charges overlap.
When an AVO is breached (contravened), it leaves the protected person without protection, and it undermines the authority of the court whilst compromising the law.
Domestic Violence Case Example | Facts |
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R v Archer [2015] NSWSC 1487 |
Here, the offender killed his ex-partner who was the protected person named in the AVO. He breached the AVO by reason of his presence at the victim's house while intoxicated. The AVO conditions prohibited him from approaching her within twelve hours of consuming alcohol. Due to the offender's complete disregard of the AVO conditions, the court concluded the AVO breach was of a grave nature, putting aside the murder that resulted from that breach. |
The above is an image-based data from a 2016 ABS Personal Safety Survey.
According to this, there was an estimated 17% of Australian women 18-years or above, comprising of 1.6 million females, experienced violence by a current or former partner since 15-years-of-age.
Approximately 6% of Australian men 18-years or above, comprising 547,600 males, experienced violence by a current or former partner since 15-years-of-age.
Statistics on Domestic Violence Cases in Australia Reveal:
- Females are almost 3-times more likely to have experienced partner violence than males.
- 1 in 6 females, and 1 in 17 males experienced physical form of violence by a partner.
- Females were 8 times more likely to experience violence of a sexual nature by a partner than a male.
In fact, the proportion of partner violence experienced by women over the preceding 1-year period remained relatively the same for over a decade, according to the 2016 ABS Personal Safety Survey report.
However, the proportion of partner violence experienced by men over the same preceding year went up from 2005 and 2016.
The below image-based data outlines the extent of partner emotional abuse.
The above image-based data reveals that 1 in 4 women (2.2 million women) from the age of 15-years reported experiencing emotional abuse by a former or current partner.
On the other hand, 1 in 6 men (1.4 million men) from the age of 15-years reported experiencing this type of abuse by a former or current partner.
The below image-based data outlines the extent of abuse before the age of 15 from the same ABS survey.
1 in 10 males witnessed violence against their mother by a partner before the age of 15.
1 in 25 males witnessed violence towards their father by a partner before the age of 15.
1 in 8 females witnessed violence against their mother by a partner before the age of 15, and 1 in 20 females witnessed it towards their father by a partner before the age of 15.
The below image-based data outlines the extent of gender based experiences of sexual harassment from the same ABS survey.
The below image-based data outlines the extent of gender based experiences of stalking from the same ABS survey.
FAMILY AND DOMESTIC VIOLENCE LEAVE
As of December 2018, employees get 5-days unpaid family and domestic violence leave per year, in accordance with the National Employment Standards under the new changes to the Fair Work Act 2009 (Cth).
The whole purpose of the family and domestic violence leave is to give support to employees who're enduring family and domestic violence, and to achieve consistency in providing all employees with the same entitlement regardless of the industry or occupation award an employee is under.
The Australian economy is hit with approximately $22 million a year cost due to domestic violence against women. This cost includes the 2nd generation effects on children, impacting on a reduction of productivity, rise in welfare, medical expenses and unemployment. In addition, it encompasses the cost to the legal justice system, funeral costs, victims compensation and the victims and survivors income tax loss.
NEW DOMESTIC VIOLENCE LAWS UPDATE
New Domestic Violence laws have been proposed in NSW. Mark Speakman, Attorney General and Minister for the Prevention of Domestic Violence has said, that these proposed laws enable alleged domestic violence victims to be able to give their evidence remotely via audio visual link (AVL) or closed courts.
Currently, alleged victims in domestic violence cases have no right to give evidence remotely via AVL or closed court. to do this, an application must first be made with the decision to allow or decline it left to the Presiding Magistrate or Judge in court. If refused, the alleged victim will be required to attend court, face the accused and anyone else in the court gallery while giving evidence under oath. This can and usually is a very daunting traumatic experience. The new proposed laws if passed will mean that alleged victims will have a right without needing to make an application to give evidence remotely via AVL.
Further proposed new DV laws allow a jury hearing domestic violence charge(s) to be informed, by way of a direction, that any delay of the alleged victim making a complaint to police shouldn't be taken as a false accusation against the accused. This is to recognise the complexity of domestic violence, illustrated by what Mr. Speakman said, namely, "Domestic violence is a complex crime due to the intimate nature of the relationships between victims and perpetrators. If you were robbed by a stranger, you'd have no reason to delay reporting that to police. But when you're abused by someone who claims to love you, you have children together, you own property together and you're terrified of retribution- that's a very different story. Considering these issues, you begin to understand why victims commonly delay reporting."
The law that proposed to make these changes is called Stronger Communities Legislation Amendment (Domestic Violence) Bill 2020 (NSW).
WHAT IS DOMESTIC VIOLENCE?
A domestic violence offence is defined as an offence against another person, if the person who committed the offence has or had a 'domestic relationship' with the victim.
In addition, it will only be considered a domestic violence offence if the offence committed was a 'personal violence offence'.
The below table outlines the meaning of a 'personal violence offence' in NSW.
A 'personal violence offence' includes any one of the following offences, according to section 4 Crimes (Domestic and Personal Violence) Act 2007 (NSW): |
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The below table outlines the meaning of a 'domestic relationship' in NSW.
A 'domestic relationship' includes any one of the following types of current or former relationships: |
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In NSW, if you're guilty of a domestic violence offence, the Court will be required to impose one of the following types of sentences as punishment:
- Full-time jail
- Intensive Correction Order with supervision
- Community Correction Order with supervision
- Conditional Release Order with supervision
Even if a person is guilty of a domestic violence offence, the court is still allowed to sentence that offender with a non-conviction sentence, which would allow the offender to walk away without a criminal record against his/her name.
FAMILY LAW DOMESTIC VIOLENCE
A parent who's convicted of a domestic violence offence, including a DVO where the child is named in it, will face more obstacles in family court child custody or parenting disputes in Australia.
In child custody disputes, the Family Court can and does consider if a parent either has or had an AVO or domestic violence conviction involving a child. It's a relevant factor for the family court to take into account in parenting orders during contested child custody disputes.
In addition, an AVO and domestic violence conviction also have an impact on getting a working with children clearances through the Childrens Guardian.
TYPES OF DOMESTIC VIOLENCE
Below is a complete guide on the law, penalties, sentences and defences for the main types of domestic violence assaults in NSW.
CONTRAVENING AVO | BREACH AVO OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence AVO breach occurs if you breach an existing AVO condition, knowing you were breaching it at the time.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Local Court |
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Breach AVO: Section 14 Crimes (Domestic and Personal Violence) Act 2007 (NSW) | 2-years jail or $5,500 fine, or both |
Defences
YOU WILL BE 'NOT GUILTY' OF AN AVO BREACH IF: |
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What the Police Must Prove in Court
The Police Must Prove the Following Elements for the Court to Find you Guilty of Breaching an AVO: |
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STALKING AND INTIMIDATION OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence intimidation or stalking offence occurs if you either intimidate or stalk a person, and, you intended to cause that person to fear physical or mental harm, or you were at least aware it's likely to cause this to that person.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Court |
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Stalk or Intimidate: 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW) | 5-years jail or $5,500 fine, or both |
Defences
YOU WILL BE 'NOT GUILTY' OF STALK OR INTIMIDATION IF: |
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ASSAULT OCCASIONING ACTUAL BODILY HARM OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence assault occasioning actual bodily harm offence occurs if you assault someone either intentionally or recklessly, without consent, causing that person 'actual bodily harm' (i.e. at least bruising or scratch).
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Local Court | Maximum Penalty in District Court |
---|---|---|
Assault occasioning actual bodily harm: 59 Crimes Act 1900 (NSW) | 2-years jail or $5,500 fine, or both | 5-years jail |
Assault occasioning actual bodily harm in company | Same as above | 7-years jail |
Defences
YOU WILL BE 'NOT GUILTY' OF ASSAULT CAUSING ACTUAL BODILY HARM IF: |
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GRIEVOUS BODILY HARM | WOUNDING OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence offence of assault occasioning grievous bodily harm (GBH) or wounding occurs if you assault a person (intentionally or recklessly), and by reason of that assault cause that person grievous bodily harm (GBH) (i.e. broken bone) or wounding (i.e. split lip).
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Court | Standard Non-Parole Period |
---|---|---|
Intentionally cause grievous bodily harm or wounding s33 Crimes Act | 25-years | 7-years |
Recklessly cause grievous bodily harm s35(2) Crimes Act | 10-years | 4-years |
Recklessly cause grievous bodily harm in company s35(1) Crimes Act | 14-years | 5-years |
Recklessly cause wounding s35(4) Crimes Act | 7-years | 3-years |
Recklessly cause wounding in company s35(3) Crimes Act | 10-years | 4-years |
The standard non-parole period is not applies by courts strictly as a mandatory requirement. However, the standard non-parole period represents the bare minimum full-time jail set before eligibility for release on parole if the case falls in the mid-range of objective seriousness.
The maximum penalties are also not normally imposed by courts.
Defences
YOU WILL BE 'NOT GUILTY' OF GRIEVOUS BODILY HARM OR WOUNDING IF: |
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COMMON ASSAULT OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence common assault offence occurs if you do something to cause intentional or reckless fear of immediate and unlawful violence or force to another person (without consent). This can include physical or non-physical contact.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Local Court |
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Common assault: 61 Crimes Act 1900 (NSW) | 2-years jail or $5,500 fine, or both |
Defences
YOU WILL BE 'NOT GUILTY' OF COMMON ASSAULT IF: |
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USING CARRIAGE SERVICE TO HARASS, OFFEND, THREAT OR MENACE OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence offence of using a carriage service occurs if you use a carriage service such as sending a text, email or call with a phone or computer in a way that:
- A reasonable person considers offensive, harassing or menacing; or
- To transmit, make available, publish, distribute advertise or promote private sexual material; or
- To threaten to kill or cause serious harm to a person if the threat was intended to cause fear that it'll be carriage out; or
- Was intended to induce a false belief that an explosive or dangerous substance has been left in a place.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Court |
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Use carriage service to offend, harass or menace: s474.17 Criminal Code | 3-years imprisonment |
Use carriage service to offend, harass or menace involving private sexual material: s474.17A Criminal Code | 5-years imprisonment |
Use carriage service for a hoax threat: s474.16 Criminal Code | 10-years imprisonment |
Use carriage service to make a threat to kill: s474.15(1) Criminal Code | 10-years imprisonment |
Use carriage service to make threat to cause serious harm: s474.15(2) Criminal Code | 7-years imprisonment |
Defences
YOU WILL BE 'NOT GUILTY' OF USING A CARRIAGE SERVICE OFFENCE IF: |
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CHOKE, SUFFOCATE & STRANGULATE OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence choke, suffocate or strangulate offence occurs if you intentionally do any of this to a person without consent.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Local Court | Maximum Penalty in District Court |
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Intentionally choke, suffocate or strangle without consent: s37(1A) Crimes Act | 2-years jail or $11,000 fine, or both | 5-years jail |
Recklessly cause other person to go unconscious, insensible or incapable of resistance from choke, suffocate or strangulation: s 37(1) Crimes Act | Same as above | 10-years jail |
Choke, suffocate, or strangle causing unconsciousness, insensible or incapable of resistance with intent to commit another indictable offence: s37(2) Crimes Act | Same as above | 25-years jail |
Defences
YOU WILL BE 'NOT GUILTY' OF A CHOKE, SUFFOCATE, OR STRANGULATE CHARGE IF: |
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DESTROY OR DAMAGE PROPERTY OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence offence of destroying or damaging property occurs if you intentionally or recklessly damage or destroy someone else's property. The penalties for this depends on the type of charge and value of the amount damaged.
Penalties
Type of Domestic Violence Offence | Maximum Penalty in Local Court | Maximum Penalty in District Court |
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Intentionally or recklessly destroy or damage property where property value is more than $5,000: s195(1)(a) Crimes Act | 2-years jail or $11,000 fine, or both | 5-years jail |
Intentionally or recklessly destroy or damage property where property value is $5,000 or less, but more than $2,000: s195(1)(a) Crimes Act | 2-years jail or $5,500 fine, or both | 5-years jail |
Intentionally or recklessly destroy or damage property where property value is $2,000 or less: s195(1)(a) Crimes Act | 2-years jail or $2,200 fine, or both | 5-years jail |
If destruction or damage is by fire or explosive where property value is more than $5,000: s195(1)(b) Crimes Act | 2-years jail or $11,000 fine, or both | 10-years jail |
If destruction or damage is by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(1)(b) Crimes Act | 2-years jail or $5,500 fine, or both | 10-years jail |
If destruction or damage is by fire or explosive where property value is $2,000 or less: s195(a)(b) Crimes Act | 2-years jail or $2,200 fine, or both | 10-years jail |
If destruction or damage is done in company of another person where property value is more than $5,000: s195(1A)(a) Crimes Act | 2-years jail or $11,000 fine, or both | 6-years jail |
If destruction or damage is done in company of another person where property value is $5,000 or less, but more than $2,000: s195(1A)(a) Crimes Act | 2-years jail or $5,500 fine, or both | 6-years jail |
If destruction or damage is done in company of another person where property value is $2,000 or less: s195(1A)(a) Crimes Act | 2-years jail or $2,200 fine, or both | 6-years jail |
If destruction or damage is done in company of another person by fire or explosive where property value is more than $5,000: s195(1A)(b) Crimes Act | 2-years jail or $11,000 fine, or both | 11-years jail |
If destruction or damage is done in company of another person by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(1A)(b) Crimes Act | 2-years jail or $5,500 fine, or both | 11-years jail |
If destruction or damage is done in company of another person by fire or explosive where property value is $2,000 or less: s195(1A)(b) Crimes Act | 2-years jail or $2,200 fine, or both | 11-years jail |
If destruction or damage is done during a public disorder where property value is more than $5,000: s195(2)(a) Crimes Act | 2-years jail or $11,000 fine, or both | 7-years jail |
If destruction or damage is done during a public disorder where property value is $5,000 or less, but more than $2,000: s195(2)(a) Crimes Act | 2-years jail or $5,500 fine, or both | 7-years jail |
If destruction or damage is done during a public disorder where property value is $2,000 or less: s195(2)(a) Crimes Act | 2-years jail or $2,200 fine, or both | 7-years jail |
If destruction or damage is done during a public disorder by fire or explosive where property value is more than $5,000: s195(2)(b) Crimes Act | 2-years jail or $11,000 fine, or both | 12-years jail |
If destruction or damage is done during a public disorder by fire or explosive where property value is $5,000 or less, but more than $2,000: s195(2)(b) Crimes Act | 2-years jail or $5,500 fine, or both | 12-years jail |
If destruction or damage is done during a public disorder by fire or explosive where property value is $2,000 or less: s195(2)(b) Crimes Act | 2-years jail or $2,200 fine, or both | 12-years jail |
Defences
YOU WILL BE 'NOT GUILTY' OF A DAMAGE/DESTROY PROPERTY CHARGE IF: |
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SEXUAL ASSAULT OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence sexual assault offence occurs if you without consent have sexual intercourse with (or sexually touch) a person, knowing that that person doesn't consent to it.
Penalties
Types of Domestic Violence Sexual Assault Offences | Maximum Penalty in Local Court | Maximum Penalty in District Court | Maximum Penalty in District Court |
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Sexual Assault or intercourse without consent: s61I Crimes Act | N/A | 14-years jail | 7-years |
Aggravated Sexual Assault or intercourse without consent: s61J Crimes Act | N/A | 20-years jail | 10-years |
Sexual Touching: s61KC Crimes Act | 2-years jail | 55-years jail | N/A |
Defences
YOU WILL BE 'NOT GUILTY' OF A SEXUAL ASSAULT CHARGE IF: |
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MURDER OFFENCES, PENALTIES, SENTENCES & DEFENCES
A domestic violence murder offence occurs if you voluntarily do something causing another person to die, and you do so intentionally to cause that person death, really serious injury, serious disfiguring, or you realised the probability of your conduct causing death, or you were in the middle of committing some other type of crime which carries a maximum penalty of 25-years jail or more.
Penalties
Type of Domestic Violence Offence | Maximum Penalty by Supreme Court | Standard Non-Parole Period |
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Murder: s18 Crimes Act | Life Imprisonment | 20-years: only applicable if life imprisonment is not imposed. |
Defences
YOU WILL BE 'NOT GUILTY' OF A MURDER OR MANSLAUGHTER CHARGE IF: |
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