Criminal Law (Domestic Violence) Amendment Bill (No. 2) 2015

Overview

This bill responds to the Not Now, Not Ever report by the Special Taskforce on Domestic and Family Violence. It creates a new criminal offence of strangulation in a domestic setting, makes domestic violence an aggravating factor that increases sentences, and restores the power of lawyers to suggest specific sentences to the court.

Who it affects

Domestic violence victims gain stronger protections and recognition of strangulation as a serious crime. People who commit domestic violence face a new offence and generally higher sentences.

Key changes

• New offence of choking, suffocation or strangulation in a domestic setting, punishable by up to 7 years imprisonment
• Courts must treat domestic violence as an aggravating factor that increases the sentence, unless exceptional circumstances apply
• Prosecutors and defence can once again suggest a specific sentence or sentencing range to the court, reversing the High Court's Barbaro decision
• The same sentencing submission reform applies to courts sentencing children under the Youth Justice Act
• The defence of provocation does not apply to the new strangulation offence