Release of Report on Sentencing of Adult Family Violence Offenders

The Sentencing Advisory Council has today released their Final Report on the Sentencing of Adult Family Violence Offenders following.

The Report, in response to a referral to the SAC in 2013, makes 12 observations in response to the terms of reference.

Among the key observations are:

• Consideration should be given to inserting a sentencing aggravating provision in the summary offence of common assault (s35 Police Offences Act) which applies in cases where the person assaulted was a pregnant woman.
• Further research into the type of cases which attract conditional release orders is required to determine whether they are being utilised appropriately, but in any case the capacity to monitor released offenders should be developed.
• It is important that the sentencing officer has access to a complete record of prior family violence convictions and protection orders imposed.
• The imposition of sanctions alone is not bringing about a change in offender behaviour. It may be that investment in rehabilitative interventions and the adoption of a more therapeutic approach to sentencing should be considered.
• The practice of charging a victim as an accessory may discourage the victim from reporting an incident to police.
• Whilst there is no evidence of a practice of downgrading charges, it is important that plea negotiations do not ultimately result in the imposition of sentences which do not adequately reflect the seriousness of the offender’s conduct.

A number of the observations in the SAC report have already begun to be addressed through the Liberal Government’s $25 million Safe Homes, Safe Families Action Plan and commitment to develop stronger protections against high-risk offenders.

The Hodgman Liberal Government is absolutely committed to protecting Tasmanians against the scourge of family violence.

This report builds the evidence base in relation to a number of areas we have commenced work on, such as ensuring Judges and Magistrates have access to a complete record of prior family violence convictions and protection orders imposed, and consideration of how high-risk offenders can be monitored and managed after release.

I thank the Sentencing Advisory Council for this important piece of work. The Government will closely consider the observations in the Report to build on the Safe Homes, Safe Families Action Plan.

A copy of the Report and further information about the Council may be found on its website at www.sentencingcouncil.tas.gov.au.
Vanessa Goodwin, Attorney-General