DV thugs could face harsher penalties for impact on children

Domestic abusers who bash their partners while children watch on could soon face stiffer penalties, the Acting Attorney-General says.

Domestic abusers who bash their partners while children watch on could soon face stiffer penalties, Acting Attorney-General Gerry McCarthy says.

DOMESTIC abusers who bash their partners while children watch on could soon face stiffer penalties after an “omission” in the NT Criminal Code was highlighted in the Supreme Court.

Crown prosecutor Stephen Geary raised the issue after a man pleaded guilty to kicking in his ex-partner’s door and assaulting her while their three young children were in the next room.

Mr Geary said the attack highlighted the ongoing impact of family violence on the innocent children who were forced to witness it.

“It affects their lives, it teaches them how their parents resolve conflict, it causes not just trauma at the time but it causes learnt behaviour,” he said.

“These children go on as adults, when they inevitably have issues with partners and those sorts of events they resolve it with violence.”

Mr Geary said while courts did consider the presence of children in sentencing, it wasn’t specifically written into the legislation as a factor which elevated common assault to “aggravated” assault.

“I know the court always considers it an aggravating feature that violence occurs in front of children,” he said.

“But it really is an omission of the Criminal Code that there’s nothing in there that formally is an aggravation that violence in front of children causes enormous damage.”

Acting Attorney-General, Gerry McCarthy said he had referred the issue to the Justice Department for consideration in Minster Natasha Fyles’s absence.

“The care and protection of children is at the forefront of the Territory Labor Government’s major legislative reform towards positive generational change,” he said.

“As Acting Attorney-General, I have referred Mr Geary’s comments to the Department of Attorney-General and Justice for their advice.

“As a Labor Government member, I look forward to every opportunity to improve the care and wellbeing of Territory children.”