Domestic violence in Australia - Crime - Australia (2022)

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  • 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 completelyunacceptable, and is mainly committed by men against women andchildren. The Law in Australia, and in every state and territorynow 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 notdiscriminatory and it includes physical violence and exploitationof 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 aseither a victim or witness. This can have long term effects onchildren in respect to physical, psychological and emotionalharm.

Domestic and family violence is prevalent across not only NSW,but Australia. This is strongly reflected in statistics, based onresearch.

To tackle this issue, new NSW legislation was introduced tobetter respond to domestic violence, called the Crimes(Domestic and Personal Violence) Act 2007 (NSW) ('CDPVAct').

This law now gives greater power to senior police officers. Itallows them to now make and issue provisional AVOs immediatelyafter a domestic violence is reported. The law also now allowsalleged victims of domestic violence to give their evidence incourt through audio visual link (AVL) rather than in-person.

The new laws also acknowledge and give force to AVOs from otherstates and territories to be recognised and effective in NSW.

With over 20-years experience, our team consists ofAustralia's most respected and experienced Domestic Violence Lawyers who hold anoutstanding track record of exceptional results in securing notguilty verdicts in jury trials, negotiating with police to getcharges dropped early, and achieving s10 non-convictions and conditional releaseorders (non-convictions) on sentence.

Here we outline the prevalence of domestic violence, what isdomestic violence, and the laws on domestic violence in NSW.

DOMESTICVIOLENCE HOTLINE & HELPLINE | DOMESTIC VIOLENCE HELP &SUPPORT SERVICES

Domestic violence hotlines and helplines are provided acrossmany organisations that have been established to help those inneed.

If in danger, it is always advisable to call police on'000'.

Some of the confidential domestic violence hotlines andhelplines are outlined in the below table:

Contact NumberDetails of Service
1800RESPECT (1800 737 732)They are available 24/7 and provide confidential information,support service and counselling for victims of domesticviolence.
1800 656 463This is the Domestic Violence Line available 24/7, providingcrisis counselling, and referral service for women, and transwomen.
13 11 14This is a contact number for lifeline for crisis support andsuicide prevention.
1800 737 732This is the 24/7 hotline providing free counselling through theNational Sexual Assault, Domestic Family Violence CounsellingService.
1300 789 978This is the Mensline Australia hotline.

DOMESTICVIOLENCE STATISTICS

Domestic and family violence is highly prevalent acrossAustralia.

A large amount of domestic violence still remainsunreported.

The following table outlines the extent of unreported genderbased domestic violence, reflected in the Australian Bureau of Statistics (ABS) PersonalSafety Survey in 2012.

Gender% who've not contacted police after experiencing violencefrom a recent partner.
Male94.7%
Female80.2%

The below table reflects a 2013 survey conducted by NSW Bureauof Crime Statistics and Research (BOCSAR).

Number of victims who attended domestic violence services% who reported their most recent incident to police.
30051.8%

In 2015, 29,001 domestic violence assault incidents wererecorded in NSW. Since 2011 to December 2018, this figure increased1.9%.

Of the increase, incidents of recorded domestic violence relatedsexual offences, property damage, harassment, and threats allincreased during the same period.

In comparison, in 2015, 30,660 non-domestic violence assaultincidents 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 April2015 to March 2016. This represents a 4.7% increase of DVO breachesover the preceding 5-year period.

DOMESTICVIOLENCE AGAINST WOMEN

The below table outlines the number of recorded incidents ofdomestic violence assaults involving female victims and allegedmale offenders from April 2015 to March 2016.

Number of incidents of recorded domestic violence assaultsApril 2015 - March 2016% of Female Victims% of Alleged Male Offenders
29,22769.54%80.96%

The below table outlines the number of recorded incidents ofbreaches of domestic violence orders involving female victims forperiod April 2015 to March 2016.

Number of incidents of recorded breaches of DVOs April 2015 -March 2016% of Female Victims
29,22783.09%

The below table outlines the number of domestic violence assaultand homicide child victims.

% of domestic violence assault child victims April 2015 - March2016% of domestic violence homicide child victims 2000 - 2012
11.80%21.43%

DOMESTICVIOLENCE AGAINST MEN

Is domestic violence gendered in Australia?

The below table outlines the findings reported by the ABS in thesame 2012 Personal Safety Survey.

Gender% who've experienced violence perpetrated by a current orformer partner since 15 years of age.
Male5.3%
Female16.9%

The below table outlines the extent of homicides reported in NSWfor period 1 July 2000 to 30 June 2012, and percentage of genderbased domestic violence victims.

Number of homicides reported in NSW 1 July 2000 to 30 June2012Numbers that occurred in domestic violence contextNumbers of domestic homicide female victimsNumbers of domestic homicide male victims
995280164116

59% of domestic homicides involved victims who were killed bytheir intimate partner (current or former). 78% of those werefemale intimate partner victims.

DOMESTICVIOLENCE CASES

Domestic violence cases are regularly heard in court.

It's common for the court to hear a case where the DVO isbreached as a result of the offender committing an assault againstthe protected person in an existing AVO.

In those instances, police usually charge the offenderseparately for both charges of assault and breach of AVO, eventhough the charges overlap.

When an AVO is breached (contravened), it leaves the protectedperson without protection, and it undermines the authority of thecourt whilst compromising the law.

Domestic Violence Case ExampleFacts
R v Archer [2015] NSWSC 1487

Here, the offender killed his ex-partner who was the protectedperson named in the AVO.

He breached the AVO by reason of his presence at thevictim's house while intoxicated.

The AVO conditions prohibited him from approaching her withintwelve hours of consuming alcohol.

Due to the offender's complete disregard of the AVOconditions, the court concluded the AVO breach was of a gravenature, putting aside the murder that resulted from thatbreach.


Domestic violence in Australia - Crime - Australia (1)

The above is an image-based data from a 2016 ABS Personal Safety Survey.

According to this, there was an estimated 17% of Australianwomen 18-years or above, comprising of 1.6 million females,experienced violence by a current or former partner since15-years-of-age.

Approximately 6% of Australian men 18-years or above, comprising547,600 males, experienced violence by a current or former partnersince 15-years-of-age.

Statistics on Domestic Violence Cases in Australia Reveal:

  • Females are almost 3-times more likely to have experiencedpartner violence than males.
  • 1 in 6 females, and 1 in 17 males experienced physical form ofviolence by a partner.
  • Females were 8 times more likely to experience violence of asexual nature by a partner than a male.

In fact, the proportion of partner violence experienced by womenover the preceding 1-year period remained relatively the same forover a decade, according to the 2016 ABS Personal Safety Surveyreport.

However, the proportion of partner violence experienced by menover the same preceding year went up from 2005 and 2016.

The below image-based data outlines the extent of partneremotional abuse.

Domestic violence in Australia - Crime - Australia (2)

The above image-based data reveals that 1 in 4 women (2.2million women) from the age of 15-years reported experiencingemotional abuse by a former or current partner.

On the other hand, 1 in 6 men (1.4 million men) from the age of15-years reported experiencing this type of abuse by a former orcurrent partner.

The below image-based data outlines the extent of abuse beforethe age of 15 from the same ABS survey.

Domestic violence in Australia - Crime - Australia (3)

1 in 10 males witnessed violence against their mother by apartner before the age of 15.

1 in 25 males witnessed violence towards their father by apartner before the age of 15.

1 in 8 females witnessed violence against their mother by apartner before the age of 15, and 1 in 20 females witnessed ittowards their father by a partner before the age of 15.

The below image-based data outlines the extent of gender basedexperiences of sexual harassment from the same ABS survey.

Domestic violence in Australia - Crime - Australia (4)

The below image-based data outlines the extent of gender basedexperiences of stalking from the same ABS survey.

Domestic violence in Australia - Crime - Australia (5)

FAMILY ANDDOMESTIC VIOLENCE LEAVE

As of December 2018, employees get 5-days unpaid family anddomestic violence leave per year, in accordance with the NationalEmployment Standards under the new changes to the Fair Work Act 2009 (Cth).

The whole purpose of the family and domestic violence leave isto give support to employees who're enduring family anddomestic violence, and to achieve consistency in providing allemployees with the same entitlement regardless of the industry oroccupation award an employee is under.

The Australian economy is hit with approximately $22 million a year cost due to domesticviolence against women. This cost includes the 2nd generationeffects on children, impacting on a reduction of productivity, risein welfare, medical expenses and unemployment. In addition, itencompasses the cost to the legal justice system, funeral costs,victims compensation and the victims and survivors income taxloss.

NEW DOMESTICVIOLENCE LAWS UPDATE

New Domestic Violence laws have been proposed in NSW. MarkSpeakman, Attorney General and Minister for the Prevention ofDomestic Violence has said, that these proposed laws enable allegeddomestic violence victims to be able to give their evidenceremotely via audio visual link (AVL) or closed courts.

Currently, alleged victims in domestic violence cases have noright to give evidence remotely via AVL or closed court. to dothis, an application must first be made with the decision to allowor 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 givingevidence under oath. This can and usually is a very dauntingtraumatic experience. The new proposed laws if passed will meanthat alleged victims will have a right without needing to make anapplication to give evidence remotely via AVL.

Further proposed new DV laws allow a jury hearing domesticviolence charge(s) to be informed, by way of a direction, that anydelay of the alleged victim making a complaint to policeshouldn'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, "Domesticviolence is a complex crime due to the intimate nature of therelationships between victims and perpetrators. If you were robbedby a stranger, you'd have no reason to delay reporting that topolice. But when you're abused by someone who claims to loveyou, you have children together, you own property together andyou're terrified of retribution- that's a very differentstory. Considering these issues, you begin to understand whyvictims 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 againstanother person, if the person who committed the offence has or hada 'domestic relationship' with the victim.

In addition, it will only be considered a domestic violenceoffence if the offence committed was a 'personal violenceoffence'.

The below table outlines the meaning of a 'personalviolence offence' in NSW.

A 'personal violence offence' includes any one of thefollowing offences, according to section 4 Crimes (Domestic and Personal Violence) Act 2007(NSW):
  • Stalking or intimidation with intent to cause fear of physicalor mental harm
  • Breaching an AVO
  • Murder
  • Sending threatening documents
  • Discharging a firearm with intent
  • Wounding or grievous bodily harm
  • Choking, suffocating or strangulating
  • Assault occasioning actual bodily harm
  • Common assault
  • Sexual assault, sexual touching (indecent assault), or a sexualact
  • Kidnapping
  • Distribute intimate image without consent, or threaten torecord or distribute an intimate image.
  • Destroy or damage property (or threaten to do this).

The below table outlines the meaning of a 'domesticrelationship' in NSW.

A 'domestic relationship' includes any one of thefollowing types of current or former relationships:
  • Marriage
  • De facto partner
  • Intimate personal relationship (whether or not of a sexualnature)
  • Housemate
  • Paid or unpaid care
  • relative

In NSW, if you're guilty of a domestic violence offence, theCourt will be required to impose one of the following types ofsentences as punishment:

  1. Full-time jail
  2. Intensive Correction Order withsupervision
  3. Community Correction Order withsupervision
  4. Conditional Release Order withsupervision

Even if a person is guilty of a domestic violence offence, thecourt is still allowed to sentence that offender with a non-conviction sentence, which would allow theoffender to walk away without a criminal record against his/hername.

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 moreobstacles in family court child custody or parenting disputes inAustralia.

In child custody disputes, the Family Court can and doesconsider if a parent either has or had an AVO or domestic violenceconviction involving a child. It's a relevant factor for thefamily court to take into account in parenting orders duringcontested child custody disputes.

In addition, an AVO and domestic violence conviction also havean impact on getting a working with children clearances through theChildrens Guardian.

TYPES OF DOMESTIC VIOLENCE

Below is a complete guide on the law, penalties, sentences anddefences for the main types of domestic violence assaults inNSW.

CONTRAVENINGAVO | BREACH AVO OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence AVO breach occurs if you breach an existingAVO condition, knowing you were breaching it at the time.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Local Court
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:
  1. The breach occurred because it was necessary to attendmediation; or
  2. The breach occurred while complying with a propertyrecovery order; or
  3. The breach occurred in circumstances you were notserved with a copy of the AVO and you were not in court when theorder was made; or
  4. Self-defence; or
  5. The breach occurred accidentally without knowing youwere in breach at the time; or
  6. Duress or Necessity.

What the Police Must Prove in Court

The Police Must Prove the Following Elements for the Court toFind you Guilty of Breaching an AVO:
  1. You breached a condition of the existing AVO; and
  2. You knowingly breached it.

STALKING ANDINTIMIDATION OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence intimidation or stalking offence occurs ifyou either intimidate or stalk a person, and, you intended to causethat person to fear physical or mental harm, or you were at leastaware it's likely to cause this to that person.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Court
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 INTIMIDATIONIF:
  1. Self Defence: Your conduct was a response toprotect yourself, someone else, or your property; or
  2. Mistaken identity; or
  3. You weren't aware, at the time, that your conductis likely to cause fear to the other person; or
  4. Intoxication: Where you were intoxicated from alcoholor drugs to an extent that you weren't able to form thenecessary intention or awareness of causing a fear in the otherperson (McIlwraith v R [2017] NSWCCA 13); or
  5. Mental illness defence; or
  6. Duress or Necessity; or
  7. Citizen's arrest using reasonableforce.

ASSAULTOCCASIONING ACTUAL BODILY HARM OFFENCES, PENALTIES, SENTENCES &DEFENCES

A domestic violence assault occasioning actual bodily harmoffence occurs if you assault someone either intentionally orrecklessly, without consent, causing that person 'actual bodilyharm' (i.e. at least bruising or scratch).

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Local CourtMaximum Penalty in District Court
Assault occasioning actual bodily harm: 59 Crimes Act 1900(NSW)2-years jail or $5,500 fine, or both5-years jail
Assault occasioning actual bodily harm in companySame as above7-years jail

Defences

YOU WILL BE 'NOT GUILTY' OF ASSAULT CAUSING ACTUALBODILY HARM IF:
  1. If the alleged physical force applied was something youdid incidentally in everyday life; or
  2. If the alleged physical force applied was generallyaccepted by the community; or
  3. Self-defence; or
  4. If you were making a citizens' arrest, usingreasonable force; or
  5. If the prosecution fail to prove any 1 or moreessential elements of this offence in court (outlined above);or
  6. If you acted out of a necessity or duress;or
  7. If the alleged victim consented to it.

GRIEVOUS BODILYHARM | WOUNDING OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence offence of assault occasioning grievousbodily harm (GBH) or wounding occurs if you assault a person(intentionally or recklessly), and by reason of that assault causethat person grievous bodily harm (GBH) (i.e. broken bone) orwounding (i.e. split lip).

Penalties

Type of Domestic Violence OffenceMaximum Penalty in CourtStandard Non-Parole Period
Intentionally cause grievous bodily harm or wounding s33Crimes Act25-years7-years
Recklessly cause grievous bodily harm s35(2) CrimesAct10-years4-years
Recklessly cause grievous bodily harm in company s35(1)Crimes Act14-years5-years
Recklessly cause wounding s35(4) Crimes Act7-years3-years
Recklessly cause wounding in company s35(3) CrimesAct10-years4-years

The standard non-parole period is not applies by courts strictlyas a mandatory requirement. However, the standard non-parole periodrepresents the bare minimum full-time jail set before eligibilityfor release on parole if the case falls in the mid-range ofobjective seriousness.

The maximum penalties are also not normally imposed bycourts.

Defences

YOU WILL BE 'NOT GUILTY' OF GRIEVOUS BODILY HARM ORWOUNDING IF:
  1. Self Defence: If you acted in self-defence to protectyourself, someone else or your property.
  2. Causation of injury was not from youractions.
  3. Mental illness defence.
  4. Intoxication defence: If you were so intoxicated fromdrugs or alcohol that you were not able to form the necessaryintent.
  5. Necessity or Duress.
  6. Citizen's arrest using reasonableforce.
  7. The injury is not considered 'grievous bodilyharm' or 'wounding' under the law.
  8. Prosecution is unable to prove any 1 of the essentialelements of the offence.

COMMON ASSAULTOFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence common assault offence occurs if you dosomething to cause intentional or reckless fear of immediate andunlawful violence or force to another person (without consent).This can include physical or non-physical contact.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Local Court
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:
  1. Where there is a physical force applied, the physicalforce occurred as an inevitable conduct in everyday daily life, orwhere it's something generally accepted; or
  2. The alleged victim was not aware of the actions allegedto be common assault; or
  3. Self-defence: this is where you acted in response offear to protect yourself, someone else or your property, if yourresponse is considered a reasonable response in the circumstancesperceived by you at the time.
  4. Lawful correction: this is where you disciplined yourchild and only applies if your conduct was reasonable and warrantedin the circumstances.
  5. Citizen's arrest: this is where you were usingreasonable force to arrest the alleged victim.
  6. Necessity or Duress.
  7. You will also be found not guilty if any one of theessential elements of common assault have not be proven by theprosecution (outlined above).

USING CARRIAGESERVICE TO HARASS, OFFEND, THREAT OR MENACE OFFENCES, PENALTIES,SENTENCES & DEFENCES

A domestic violence offence of using a carriage service occursif you use a carriage service such as sending a text, email or callwith a phone or computer in a way that:

  • A reasonable person considers offensive, harassing or menacing;or
  • To transmit, make available, publish, distribute advertise orpromote private sexual material; or
  • To threaten to kill or cause serious harm to a person if thethreat was intended to cause fear that it'll be carriage out;or
  • Was intended to induce a false belief that an explosive ordangerous substance has been left in a place.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Court
Use carriage service to offend, harass or menace: s474.17Criminal Code3-years imprisonment
Use carriage service to offend, harass or menace involvingprivate sexual material: s474.17A Criminal Code5-years imprisonment
Use carriage service for a hoax threat: s474.16 CriminalCode10-years imprisonment
Use carriage service to make a threat to kill: s474.15(1)Criminal Code10-years imprisonment
Use carriage service to make threat to cause serious harm:s474.15(2) Criminal Code7-years imprisonment

Defences

YOU WILL BE 'NOT GUILTY' OF USING A CARRIAGE SERVICEOFFENCE IF:
  1. You were under the age of 10 years old;or
  2. You were over the age of 10, but less than 14, and youweren't aware that your conduct was wrong; or
  3. Duress or necessity defence; or
  4. You acted involuntarily whether from a mentalillness, intoxication from drugs or alcohol or otherwise;or
  5. You are the internet provider, carrier, carriageservice provider or internet content host; or
  6. If it was someone else who did it.

CHOKE,SUFFOCATE & STRANGULATE OFFENCES, PENALTIES, SENTENCES &DEFENCES

A domestic violence choke, suffocate or strangulate offenceoccurs if you intentionally do any of this to a person withoutconsent.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Local CourtMaximum Penalty in District Court
Intentionally choke, suffocate or strangle without consent:s37(1A) Crimes Act2-years jail or $11,000 fine, or both5-years jail
Recklessly cause other person to go unconscious, insensibleor incapable of resistance from choke, suffocate or strangulation:s 37(1) Crimes ActSame as above10-years jail
Choke, suffocate, or strangle causing unconsciousness,insensible or incapable of resistance with intent to commit anotherindictable offence: s37(2) Crimes ActSame as above25-years jail

Defences

YOU WILL BE 'NOT GUILTY' OF A CHOKE, SUFFOCATE, ORSTRANGULATE CHARGE IF:
  1. You were acting in self-defence.
  2. The alleged victim consented.
  3. Citizen's arrest: if the force used was reasonableforce to arrest the alleged victim.
  4. Duress or Necessity.
  5. Insufficient evidence to prove any 1 or more of theelements of this offence beyond reasonable doubt.

DESTROY ORDAMAGE PROPERTY OFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence offence of destroying or damaging propertyoccurs if you intentionally or recklessly damage or destroy someoneelse's property. The penalties for this depends on the type ofcharge and value of the amount damaged.

Penalties

Type of Domestic Violence OffenceMaximum Penalty in Local CourtMaximum Penalty in District Court
Intentionally or recklessly destroy or damage propertywhere property value is more than $5,000: s195(1)(a) CrimesAct2-years jail or $11,000 fine, or both5-years jail
Intentionally or recklessly destroy or damage propertywhere property value is $5,000 or less, but more than $2,000:s195(1)(a) Crimes Act2-years jail or $5,500 fine, or both5-years jail
Intentionally or recklessly destroy or damage propertywhere property value is $2,000 or less: s195(1)(a) CrimesAct2-years jail or $2,200 fine, or both5-years jail
If destruction or damage is by fire or explosive whereproperty value is more than $5,000: s195(1)(b) Crimes Act2-years jail or $11,000 fine, or both10-years jail
If destruction or damage is by fire or explosive whereproperty value is $5,000 or less, but more than $2,000: s195(1)(b)Crimes Act2-years jail or $5,500 fine, or both10-years jail
If destruction or damage is by fire or explosive whereproperty value is $2,000 or less: s195(a)(b) Crimes Act2-years jail or $2,200 fine, or both10-years jail
If destruction or damage is done in company of anotherperson where property value is more than $5,000: s195(1A)(a) CrimesAct2-years jail or $11,000 fine, or both6-years jail
If destruction or damage is done in company of anotherperson where property value is $5,000 or less, but more than$2,000: s195(1A)(a) Crimes Act2-years jail or $5,500 fine, or both6-years jail
If destruction or damage is done in company of anotherperson where property value is $2,000 or less: s195(1A)(a) CrimesAct2-years jail or $2,200 fine, or both6-years jail
If destruction or damage is done in company of anotherperson by fire or explosive where property value is more than$5,000: s195(1A)(b) Crimes Act2-years jail or $11,000 fine, or both11-years jail
If destruction or damage is done in company of anotherperson by fire or explosive where property value is $5,000 or less,but more than $2,000: s195(1A)(b) Crimes Act2-years jail or $5,500 fine, or both11-years jail
If destruction or damage is done in company of anotherperson by fire or explosive where property value is $2,000 or less:s195(1A)(b) Crimes Act2-years jail or $2,200 fine, or both11-years jail
If destruction or damage is done during a public disorderwhere property value is more than $5,000: s195(2)(a) CrimesAct2-years jail or $11,000 fine, or both7-years jail
If destruction or damage is done during a public disorderwhere property value is $5,000 or less, but more than $2,000:s195(2)(a) Crimes Act2-years jail or $5,500 fine, or both7-years jail
If destruction or damage is done during a public disorderwhere property value is $2,000 or less: s195(2)(a) CrimesAct2-years jail or $2,200 fine, or both7-years jail
If destruction or damage is done during a public disorderby fire or explosive where property value is more than $5,000:s195(2)(b) Crimes Act2-years jail or $11,000 fine, or both12-years jail
If destruction or damage is done during a public disorderby fire or explosive where property value is $5,000 or less, butmore than $2,000: s195(2)(b) Crimes Act2-years jail or $5,500 fine, or both12-years jail
If destruction or damage is done during a public disorderby fire or explosive where property value is $2,000 or less:s195(2)(b) Crimes Act2-years jail or $2,200 fine, or both12-years jail

Defences

YOU WILL BE 'NOT GUILTY' OF A DAMAGE/DESTROY PROPERTYCHARGE IF:
  1. Duress or Necessity: You were forced to do it or youdid so to avoid serious injury.
  2. Self-defence: Your actions were to protect yourself,another person or property from harm or damage, provided youractions were a reasonable response.
  3. Damage or Destruction was not caused byyou
  4. Alleged damage is not considered 'damage ordestruction' under law
  5. You didn't realise that your actions might causethe kind of damage that resulted.

SEXUAL ASSAULTOFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence sexual assault offence occurs if you withoutconsent 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 OffencesMaximum Penalty in Local CourtMaximum Penalty in District CourtMaximum Penalty in District Court
Sexual Assault or intercourse without consent: s61I CrimesActN/A14-years jail7-years
Aggravated Sexual Assault or intercourse without consent:s61J Crimes ActN/A20-years jail10-years
Sexual Touching: s61KC Crimes Act2-years jail55-years jailN/A

Defences

YOU WILL BE 'NOT GUILTY' OF A SEXUAL ASSAULT CHARGEIF:
  1. Honest and reasonable grounds defence that there wasconsent.
  2. Medical purpose defence: where sexual intercourse tookplace for a medical purpose by consent.
  3. Absence of 'sexual intercourse', as defined bylaw, having took place.
  4. Duress or Necessity
  5. Where any one or more of the essential elements of whatmakes up the offence is not proven in court beyond reasonabledoubt.

MURDEROFFENCES, PENALTIES, SENTENCES & DEFENCES

A domestic violence murder offence occurs if you voluntarily dosomething causing another person to die, and you do sointentionally to cause that person death, really serious injury,serious disfiguring, or you realised the probability of yourconduct causing death, or you were in the middle of committing someother type of crime which carries a maximum penalty of 25-yearsjail or more.

Penalties

Type of Domestic Violence OffenceMaximum Penalty by Supreme CourtStandard Non-Parole Period
Murder: s18 Crimes ActLife Imprisonment20-years: only applicable if life imprisonment is notimposed.

Defences

YOU WILL BE 'NOT GUILTY' OF A MURDER OR MANSLAUGHTERCHARGE IF:
  1. Self-defence: If you reacted to protect yourself,someone else, or property, provided your reaction wasreasonable.
  2. Causation: Where the death was not substantially causedby your actions or the death wasn't a natural consequence fromyour conduct.
  3. The death was not reasonably foreseeable from youractions, or you didn't see your conduct that caused the deathas a probable consequence.
  4. The death caused was from an intervening event as beingthe sole cause.
  5. Mental Health Defence: Where you were suffering amental illness of a kind recognised by law which resulted in youhaving no control or causing you to be unaware of the right orwrong of your conduct.
  6. Affected by Alcohol or Drugs consumed involuntarily,which resulted in you being incapable of forming the intention tokill or cause really serious injury or permanentdisfigurement.
  7. Automatism: Your conduct was involuntary due tomedications or something external to your body. i.e. sleepwalkingor epileptic fit.

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Name: Domingo Moore

Birthday: 1997-05-20

Address: 6485 Kohler Route, Antonioton, VT 77375-0299

Phone: +3213869077934

Job: Sales Analyst

Hobby: Kayaking, Roller skating, Cabaret, Rugby, Homebrewing, Creative writing, amateur radio

Introduction: My name is Domingo Moore, I am a attractive, gorgeous, funny, jolly, spotless, nice, fantastic person who loves writing and wants to share my knowledge and understanding with you.