What is the Longest You Can Get for Domestic Violence in Australia? An In-depth Look

One of the most frequently asked questions concerning domestic violence law is, "What is the longest you can get for domestic violence in Australia?" As people become more aware of this widespread problem, it's essential to fully understand the maximum term of imprisonment for domestic violence offences.

Understanding Domestic Violence in Australian Law

An act of domestic violence occurs in Australia when it involves violence, intimidation, or abuse, whether physical, sexual, emotional, psychological, or economic, between members of an intimate relationship, a family, or members of the same household.

To know the answer to the question: What is the longest you can get for domestic violence in Australia? You need to understand what factors influence the sentencing process in such cases, including the seriousness of the offence.

What is the Longest You Can Get for Domestic Violence in Australia, and the Maximum Penalties for Domestic Violence Offences

"What is the longest you can get for domestic violence in Australia?" - to answer this question, we need first to understand that the sentencing for domestic violence crimes varies across Australia's six states and two territories, as each jurisdiction maintains its specific criminal laws.

The term is determined by the criminal acts associated with the violence. Domestic violence offences in Australia can be punished severely, reflecting the seriousness of these crimes.

Here is a list of the maximum penalty each type of domestic violence carries in NSW:

Domestic Violence Type Maximum Years of Imprisonment
Breaching an ADVO 2 years
Assault occasioning actual bodily harm 2-5 years
Assault occasioning actual bodily harm in company 2-7 years
CRIMES ACT 1900 - SECT 33 Wounding or grievous bodily harm with intent 25 years
CRIMES ACT 1900 - SECT 35 (2)

Reckless grievous bodily harm or wounding

 10 years
CRIMES ACT 1900 - SECT 35 (1)

Reckless grievous bodily harm or wounding

 14 years
CRIMES ACT 1900 - SECT 35 (4)

Reckless grievous bodily harm or wounding

 7 years
CRIMES ACT 1900 - SECT 35 (3)

Reckless grievous bodily harm or wounding

 10 years
CRIMES ACT 1900 - SECT 61 Common assault prosecuted by indictment 2 years
s474.17 Criminal Code: The use of carriage service to offend, harass, or menace 3 years
s474.17A Criminal Code: The use of carriage service to offend, harass, or menace involving private sexual material: 5 years
s474.16 Criminal Code: The use of carriage service for a hoax threat 10 years
s474.15(1) Criminal Code: The use of carriage service to make a threat to kill: 10 years
s474.15(2) Criminal Code: The use of carriage service to make a threat to cause serious harm 7 years
CRIMES ACT 1900 - SECT 37 1(A)

Choking, suffocation, and strangulation

 2-5 years
CRIMES ACT 1900 - SECT 37 1 -

Chokes, suffocates, or strangles another person with the intent to make them unconscious, insensible, or unable to fight back, and is careless about making them unconscious, insensitive, or unable to fight back.

 10 years
CRIMES ACT 1900 - SECT 37 2 -

Chokes, suffocates, or strangles another person in a way that makes the other person unconscious, insensible, or unable to fight back and does so to commit another indictable crime or help someone else do so.

 25 years
CRIMES ACT 1958 - SECT 195 (1a)

If someone deliberately or carelessly destroys or damages property that belongs to another person or to that person and another person, that person is responsible.

 2-5 years
CRIMES ACT 1958 - SECT 195 (1a)

Suppose someone intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person. In that case, that person is responsible, even if the destruction or damage was caused by fire or explosives.

 2-5 years
CRIMES ACT 1958 - SECT 195 (1Aa)

A person is responsible if, while with another person or people, they destroy or damage property that belongs to another person or to that person and another person.

 6 years
CRIMES ACT 1958 - SECT 195 (1Ab)

A person is responsible if, while with another person or people, they intentionally or carelessly destroy or damage property that belongs to another person or to that person and another person. This is especially true if the property was destroyed or damaged by fire or explosives.

 11 years
CRIMES ACT 1958 - SECT 195 (2a)

During a public disturbance, someone is responsible for destroying or damaging property that belongs to another person or to that person and another person.

 7 years
CRIMES ACT 1958 - SECT 195 (2b)

During a public disturbance, someone who intentionally or carelessly destroys or damages property that belongs to another person or to that person and another person is responsible if the destruction or damage was caused by fire or explosives.

 12 years
Murder: s18 Crimes Act Life Imprisonment

In New South Wales, for instance, assault occasioning actual bodily harm in a domestic context carries a maximum prison sentence of 7 years under Section 59 of the Crimes Act 1900 (NSW). If the offence is committed in a company (in the presence of others), the maximum penalty increases to 10 years of imprisonment.

In Queensland, under the Criminal Code 1899 (Qld), anyone found guilty of a domestic violence offence, such as common assault, could face a maximum penalty of 3 years imprisonment. More serious offences like grievous bodily harm can have maximum penalties of up to life imprisonment.

Victoria's legal framework provides that recklessly causing injury in a domestic setting can result in a maximum imprisonment term of 5 years under Section 18 of the Crimes Act 1958 (VIC).

Factors Influencing Sentencing

Courts will consider several factors when determining the appropriate sentence for a domestic violence offence. These include the nature and severity of the crime, the harm caused to the victim, the defendant's criminal history and personal circumstances, and whether the defendant has shown remorse and taken steps toward rehabilitation.

Moreover, judges must consider the principles of general and specific deterrence when sentencing domestic violence offenders. This means that the sentence should be sufficient to discourage the offender from re-offending (specific deterrence) and to send a message to the community that such conduct is unacceptable (general deterrence).

Conclusion

Question: What is the longest you can get for domestic violence in Australia?

Answer: The term depends on the criminal acts associated with the violence. Sentencing for domestic violence crimes varies across Australia's six states and two territories, as each jurisdiction maintains its specific criminal laws.

However, a common thread throughout Australia is that severe penalties can be imposed for domestic violence offences, reflecting the type and seriousness with which these crimes are regarded.

Accused of Domestic Violence?

At Justice Family Lawyers, we understand the complexity of domestic and personal abuse. We are committed to providing our clients with the highest quality legal advice and representation.

Our AVO lawyers and practitioners are highly experienced and knowledgeable, and we are committed to helping our clients receive the best possible outcome.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.