THE OFFENCE OF COERCIVE CONTROL IN NSW
On the 1st of July 2024, the NSW Government’s categorisation of the offence of coercive control as a standalone criminal offence came into effect, having been previously passed into legislation through the passage of the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW). This made NSW the first jurisdiction in Australia to have the offence of Coercive Control as a standalone offence.
Whilst the legislation was passed under the former NSW Liberal and Nationals Coalition Government, it was supported across the political spectrum and came into effect under the current NSW Labor Government, with the current NSW Attorney General the Hon. Michael Daley MP stating that “Abuse against a current or former intimate partner is unacceptable and will not be tolerated.”
The uniform and united approach in introducing the offence of Coercive Control into legislation is reflective of the zero-tolerance approach to domestic violence shared across political parties and independents.
Many experts from across the domestic violence support sector raised serious concerns about the limited amount of time they had to give feedback on the draft legislation. However, the then NSW Government was of the view that the urgency of the legislation to deal with coercive control in the context of a domestic violence crisis required a fast passage, with the opportunity for further review and changes to be provided at a later stage.
If you or someone you know has been charged with the offence of Coercive Control, contact us immediately for a free consultation with out expert, specialised criminal lawyers, to that we may ensure the best possible outcome for you.
WHAT IS THE OFFENCE OF COERCIVE CONTROL?
The offence of Coercive Control is defined by the legislation as a form of domestic abuse relating to abusive behaviour towards current and former intimate partners which is intended to coerce or control the other person, in circumstances where a reasonable person would consider the course of conduct to cause fear that violence will be used against the other person or another person, or a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities.
HOW PREVALENT IS COERCIVE CONTROL IN DOMESTIC VIOLENCE AND HOMICIDES?
Data from the NSW Domestic Violence Death Review Team revealed that between the years of 2000 and 2018, 97% of intimate partner domestic violence homicides were preceded by the perpetrator having used coercive control towards the victim. This statistic is consistent with a review by the NSW Coroner’s Court into domestic violence deaths which found coercive control occurred in 99% of relationships preceding domestic homicides.
Findings from research that the NSW Bureau of Crime Statistics and Research conducted in September 2023 revealed that 57% of Domestic Violence reports included at one or more coercive controlling behaviours.
These statistics and findings are relied upon by organisation and groups to lobby governments to create policy and pass legislation such as the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), and are used by politicians and governments when arguing in favour of the passage of the legislation.
WHAT IS THE PUNISHMENT FOR THE OFFENCE OF COERCIVE CONTROL?
If convicted of the offence of Coercive Control, you are liable to imprisonment up to a maximum of up to 7 years imprisonment. If you are accused of the offence of Coercive Control, contact our expert, specialised criminal lawyers immediately so that may secure you the best possible outcome.
UPDATED TRAINING FOR NSW POLICE OFFICERS
In light of the new legislation criminalising the offence of Coercive Control, NSW Police officers and court system personnel have received updated training on how to recognise the signs of coercive control and how to respond and enforce the law accordingly. Noting the high number of domestic violence and domestic violence homicides, and the resulting community outrage, it is anticipated and expected of NSW Police to take a proactive approach and use the introduction of the offence of Coercive Control as a means to reduce the prevalence of domestic violence and domestic violence homicides.
CONTACT US NOW
If you or someone you know have been charged with the offence of Coercive Control, speak to one of our expert criminal lawyers who are specialised in the field of Coercive Control offences. We guarantee you the best possible outcome. Contact us now for a free consultation.