Family violence remains prevalent in communities across Australia and continue to represent a significant portion of cases heard before court. In recognition of this reality, sentencing legislation in the ACT includes mandatory considerations for the Court when dealing with such offences. The considerations are set out in s34B of the Crimes (Sentencing) Act 2005 as follows:
(1) 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:
(a) the matters mentioned in the preamble to the Family Violence Act 2016;
(b) whether the offending occurred at the home of the victim, offender or another person;
(c) whether the offending occurred when a child was present;
(d) if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences.
(2) A court must not reduce the severity of a sentence it would otherwise have imposed because—
(a) the offence is a family violence offence; or
(b) 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under the Family Violence Act 2016 or a protection order under the Domestic Violence and Protection Orders Act 2008 (repealed) is in force against the offender in relation to the family violence offence.
The preamble to the Family Violence Act states the following:
1 In enacting this Act, the Legislative Assembly recognises the following principles:
(a) family violence is unacceptable in any form;
(b) freedom from family violence is a human right;
(c) the justice system should respect and protect all human rights in accordance with the Human Rights Act 2004 and international law;
(d) family violence is best addressed through a coordinated legal and social response of assistance to victims and the prevention of violence by such things as promoting the accountability of perpetrators of family violence and the appropriate intervention by the police and the courts.
2 The Legislative Assembly also recognises the following features of family violence:
(a) anyone can be a victim of family violence: it occurs in all areas of society, regardless of location, socioeconomic and health status, age, culture, gender, sexual identity, ability, ethnicity or religion;
(b) family violence is predominantly committed by men against women and children;
(c) family violence extends beyond physical violence and may involve the exploitation of power imbalances and patterns of abuse over many years;
(d) children exposed to family violence are particularly vulnerable and the exposure may have a serious impact on their current and future physical, psychological and emotional wellbeing.
The ACT Supreme Court has consistently adopted a literal and principled approach to the application of s34B and the preamble to the Family Violence Act. Sentencing remarks demonstrate a clear judicial consensus that family violence must be denounced, treated seriously and met with appropriate punishment. For example, Justice Taylor stated in DPP v Donnelly [2025] ACTSC 411 at [48]:
Perpetrators of family violence should be in no doubt that the use of violence in intimate relationships is not tolerated. Consequences of such conduct can and will include being sentenced to periods of full-time imprisonment.
Acting Justice Hopkins stated in DPP v Hudson [2024] ACTSC 159 at [43]:
Family violence is unacceptable in any form. Freedom from family violence is a human right. This freedom must be respected and protected.
Beyond section 34B, the legislature also introduced higher maximum penalties, known as “aggravated offences”, for a wide range of violent offences if committed in circumstances of “family violence”.
In summary, the statutory framework in the ACT makes it clear that family violence is not to be treated as a private or contextualised failing, but as serious criminal conduct warranting firm judicial response. S34B of the Crimes (Sentencing) Act, read alongside the preamble to the Family Violence Act, requires courts to confront the realities of family violence and impose a sentence in a manner that denounces the behaviour, protects victims and promotes accountability. The consistent approach taken by the ACT Supreme Court confirms that family violence offending may be met with sentences that reflect its gravity, reinforcing the clear message that such conduct has no place in the greater community.
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney (02 9696 1361), Canberra (02 5104 9640) and Perth (08 6255 6909) to make an appointment to speak to one of our lawyers.
