How can one justice system fail so many women so many times?

If we want to end domestic violence, the legal system needs to play its part by coming down harder on perpetrators. Until this happens, you will be reading many more stories about women like Olivia Tung, writes Sherele Moody.

Why are our courts still handing domestic violence killers lenient sentences?

The case of Olivia Tung is a prime example of how the justice system continues to fail dead women — with her killer copping a minimum of eight years and eight months in jail, then having the gall to whine that the term was “manifestly excessive” and to ask for a shorter stay behind bars.

Olivia’s final months on earth were miserable, painful and terrifying.

The 41-year-old’s partner, Nathan Rodney O’Malley, repeatedly bashed and abused her, with those close to Olivia later telling police they often saw her covered in bruises.

Olivia was a tiny woman compared to her much larger, heavily-built partner.

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When she met O’Malley around September 2014, she weighed about 57kg. By March of 2016, she was 45kg, and her body was so fragile and worn down that it struggled to heal the fractures to her ribs, sternum and lower back caused by O’Malley during his violent outbursts.

O’Malley not only treated Olivia as a punching and kicking bag — he had form for brutal beatdowns on other women.

Olivia Tung endured ongoing domestic violence during her relationship with Nathan O’Malley. Picture: supplied

In February 2015, the 37-year-old attacked his former partner while he was on a domestic violence order that should have kept him away from this victim.

In the end, O’Malley copped 11 years in prison and can apply for parole after serving 80 per cent of that term — in other words, he could be out after serving his minimum eight years and eight months.

His hardluck story of growing up in a dysfunctional household and having suffered depression and other mental health problems played a part in the low sentence, as did his decision to plead guilty and save the state the cost of a trial.

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To add insult to injury, O’Malley considered his sentence “manifestly excessive” and appealed, claiming Justice Boddice erred in finding that his post-offence conduct demonstrated a complete disregard for Olivia and that he did not show remorse or concern for the deceased.

The Queensland Court of Appeal heard O’Malley’s submissions in March of this year and released its decision just under four months later on June 28.

The Court of Appeal said the sentence was appropriate and that it would stand.

O’Malley is a violent man who focuses his brutality on vulnerable women.

His ongoing acts of domestic violence against Olivia Tung should have been enough to put this man behind bars for 20 to 25 years.

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Instead, in a few years, he will most likely leave prison to start a new life — a new life that may lead to new relationships and the very high possibility of new victims.

If Australia is to end domestic violence, the legal system needs to play its part. And that means coming down harder on perpetrators like O’Malley.

Until this happens, you will be reading many more stories about dead women like Olivia Tung.

Sherele Moody is an award-winning journalist, 2019 Our Watch fellow and the founder of The RED HEART Campaign and the Australian Femicide & Child Death Map.

For 24-hour domestic violence support call the national hotline 1800 RESPECT on 1800 737 732.