Domestic violence sentencing data reveals offenders escaping prison sentences, granted unsupervised community release
Coward attackers convicted of domestic violence assaults are dodging prison time at alarming rates – despite the number of offenders jumping over the last five years. SEE THE FIGURES.
NSW
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Coward attackers convicted of domestic violence assaults are dodging prison time at alarming rates, despite the number of offenders dramatically rising over the last five years.
Just 11 per cent – or 947 – of the 8594 domestic violence offenders convicted of assault in 2023 were sentenced to serve time behind bars, according to the latest data from the NSW Bureau of Crime Statistics and Research.
The startling statistic shows a decline in the number of jailed offenders convicted of domestic violence-related assault from 12.8 per cent (969) of a total of 7560 domestic violence assault convictions in 2019.
The NSW Court System’s sentencing data of coward attackers also reveals 42.4 per cent of domestic violence offenders, or 16,511 perpetrators, were granted unsupervised community corrections orders in the last five years.
While a further 13,661 (34.3 per cent) coward attackers convicted of assault were supervised in the community.
Despite NSW Police charging more offenders, the number of coward attackers supervised in the community on intensive correctives orders has decreased from 38.6 per cent in 2019 to 34.1 per cent last year. At the same time, unsupervised offenders given sentences in the community increased from 40.3 per cent to 42.4 per cent.
Victim’s advocate Howard Brown told The Daily Telegraph the NSW courts system and NSW Community Corrections responsible for checking up on offenders in the public were “letting down victims of domestic violence”.
We need a two strike and you’re jailed policy across NSW for domestic violence offenders,” he said. “This would remove the option of a community corrections order served in the community if you are a repeat offender.
“It is not as if we don’t have room for them in our prison system.”
Mr Brown said “the best deterrent against domestic violence is the real threat of prison time”.
“Courts need to set a message that if you are a DV offender, or a repeat offender, you are going to get a wardrobe change to all green,” he said.
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Kalpaxis Legal boss Cassandra Kalpaxis told The Daily Telegraph the “government’s hard line approach to domestic violence is looking more like lip service to victims facing the threat of death”.
“As you can see from this sentencing data, it is incredibly difficult for victims of domestic violence to gain adequate protections from the offenders who harm them,” she said.
“We know that we are seeing increases in cases of domestic violence, so what is the deterrent if offenders are allowed to roam free after they are convicted.”
The family violence specialist lawyer said she sees first hand how perpetrators are utilising the courts system to continue to offend, “without breaching the current orders”.
“If you breach a domestic violence order you should expect a prison sentence.”
Prevention of Domestic Violence Minister Jodie Harrison said coward assaults were a “blight on our community”.
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‘The NSW Government is working hard to address it from crisis response to prevention, and holding men who use violence accountable for their actions,” she said. “Our recent budget includes $45 million for justice system reforms and $15 million for behaviour change programs for men who use violence.”
A spokesman for Attorney-General Michael Daley said “responding to domestic and family violence appropriately and effectively is a key priority of the NSW Government”.
“The NSW Government has introduced significant reforms to support victim-survivors and hold perpetrators to account, including a $246 million emergency package announced earlier this year alongside a stronger criminal justice response to alleged perpetrators of domestic violence,” he said.
“Sentencing decisions are made by judges and magistrates who operate independently of the Government (and) sentencing laws are regularly monitored by the NSW Government and the NSW Sentencing Council.”
At the same time, the number of prison sentences imposed for murder and stalking have increased.
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