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Queensland Sentencing Advisory Council research reveals domestic violence offenders more likely to be jailed

New research released today shows that domestic violence offenders in Queensland are jailed more often and for longer.

Domestic violence perpetrators are jailed more frequently and receive longer sentences compared to non-domestic violence offenders when they appear in Queensland courts, according to new research.

Figures released by the Queensland Sentencing Advisory Council today show 4611 out of 15,800 cases that involved charges of common assault or assault occasioning bodily harm were domestic violence offences in Queensland between May 2016 and June 2019.

In the magistrates courts, for every type of assault offence analysed, DV offences were more likely to result in a custodial sentence than ones without DV.

This was also the same in higher courts.

For example, of common assault cases with DV, 35.7 per cent of perpetrators were given custodial penalties after appearing in the magistrates courts, compared to 18.2 per cent of cases that did not have DV.

Assault occasioning bodily harm with a domestic violence (non-aggravated) element resulted in 68.3 per cent with custodial penalties, compared to 43.6 per cent receiving custodial penalties in non-DV cases.

The report also found that in most circumstances DV offences, compared to non-DV offences, received custodial sentences which were about 2.5-5 months longer.

QSAC Chair John Robertson said the research brief revealed cases sentenced in Queensland criminal courts as domestic violence offences were more likely to result in custodial penalties compared to non-domestic violence cases.

“Custodial penalties were more commonly imposed for domestic violence offences than for non-domestic violence offences, although there was some variation in the types of custodial orders given for different offence types and at different court levels,” he said.

“The most important thing to take away from this research paper is Queensland courts are treating domestic violence offences as being more serious for sentencing purposes than offences not occurring in a domestic violence context.

“We are seeing a greater use of custodial penalties and longer custodial sentences being imposed on offenders who commit common assault or assault occasioning bodily harm in a domestic violence setting.”

Mr Robertson said Queensland legislation changed in May 2016 to strengthen the justice system’s response to offences occurring in the context of domestic and family violence.

“This was an important change,” he said.

“Courts must now treat a domestic violence offence as an aggravating factor for the purposes of sentencing, unless the court considers this is not reasonable because of the exceptional circumstances of the case.”

Mr Robertson said earlier legislative reforms in 2015 had also been important in ensuring patterns of domestic violence offending could be identified for sentencing purposes, including the separate identification of criminal offences as ‘domestic violence offences’.

Originally published as Queensland Sentencing Advisory Council research reveals domestic violence offenders more likely to be jailed

Original URL: https://www.heraldsun.com.au/news/queensland/queensland-sentencing-advisory-council-research-reveals-domestic-violence-offenders-more-likely-to-be-jailed/news-story/7fb3ac62f8c0504c7e09abecc7fd1157