DOMESTIC RELATED OFFENCES

A domestic-violence related offence is treated seriously in NSW and the Commonwealth of Australia. As of September 2018, Courts sentencing offenders for domestic-violence related offences, such as common assault, indecent assault, or damage to property (amongst other offences), must make orders for the offender to undertake supervision or serve a term of imprisonment: s 4A(1) Crimes (Sentencing Procedure) Act 1999. However, the Court has discretion to depart from these requirements if it is appropriate to do so: s 4A(2).

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A “domestic violence offence” is defined in s 11 Crimes (Domestic and Personal Violence) Act as an offence committed against a person with whom the offender has (or has had) a domestic relationship, being:

(a) a personal violence offence or

(b) an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or

(c) an offence (other than a personal violence offence) the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both).

“Domestic relationship” is broadly defined in s 5.

 

As with any criminal offence, the prosecution must prove all the elements of the offence beyond a reasonable doubt. If you have a defence available, the prosecution must negate that defence beyond reasonable doubt if the Court is to find you guilty. If you are charged with a domestic violence related offence, or any other offence constituting an assault, please contact KF Lawyers to arrange for a consultation to discuss potential defences and range of sentences that are available in your situation.