New research explores the role of domestic violence victimisation in sentencing
New research by the Queensland Sentencing Advisory Council has explored how sentencing courts consider the effects of domestic violence on an offender, why it could justify a more lenient sentence and the challenges for practitioners and courts when applying the new laws.
In its latest research, Domestic violence victimisation as mitigation: Exploring two new legislated sentencing factors, the Council observed the effects of domestic violence could be wholly or partially attributed to the offending in a number of ways, including:
- reduced a person’s capacity for decision-making
- resulted in homelessness and/or financial stress which motivated the offending, and/or
- contributed to a mental disorder, PTSD or substance misuse.
The paper also highlights the challenges for practitioners representing defendants to be able to identify, articulate and evidence the effects of domestic violence victimisation at sentencing, including limited time, funding and resources.
Council Chair and former District Court Judge Kerry O’Brien AM said domestic violence is pervasive and can have lifelong effects that may be relevant to sentencing in some cases.
“A victim of domestic violence may offend because they were coerced, or childhood exposure may lead to trauma and substance misuse,” Mr O’Brien said.
“As an emerging sentencing issue, this research highlights the importance of understanding the effects of domestic violence on offenders and how it is relevant to sentencing.”
As part of its ongoing engagement with the legal and domestic and family violence sectors, the Council, in partnership with Griffith University, will be hosting a panel discussion at the Banco Court in early December to discuss the research findings and their implications for practice.
Read the paper here.
Contact: QSAC Media
Phone: 0459 887 077
Email: media@sentencingcouncil.qld.gov.au