Sentencing—family violence offences
34B Sentencing—family violence offences
In deciding how an offender should be sentenced for a family violence offence, a court must consider the nature of family violence and the context of the offending, including the following:
the matters mentioned in the preamble to the Family Violence Act 2016;
whether the offending occurred at the home of the victim, offender or another person;
whether the offending occurred when a child was present;
if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences.
A court must not reduce the severity of a sentence it would otherwise have imposed because—
the offence is a family violence offence; or
a family violence order under the Family Violence Act 2016 or a protection order under the Domestic Violence and Protection Orders Act 2008 (repealed) is in force against the offender in relation to the family violence offence.
In this section:
family violence—see the Family Violence Act 2016, dictionary.
serious family violence offence means a family violence offence that is punishable by imprisonment for 5 years or more.
This Act’s bill:Explanatory statementSecond reading speech
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