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Factors Which Influence the Sentencing of Domestic Violence Offenders

NCJ Number
231866
Author(s)
Clare Ringland; Jacqueline Fitzgerald
Date Published
July 2010
Length
12 pages
Annotation
This study examined the pattern of sentencing for a range of domestic violence offences in the New South Wales (NSW) local and district criminal courts as well as identify characteristics which influence whether offenders guilty of domestic violence-related assault receive a sentence of imprisonment.
Abstract
The penalties imposed on people convicted of domestic violence offences cover the full spectrum of sanctions available to New South Wales courts and, unsurprisingly, penalties vary considerably depending on the relevant offence. The most prevalent domestic violence-related offence in the courts is common assault and this offence is most likely to receive a bond with supervision (30 percent of offenders). Characteristics influential in predicting a custodial sentence for those who commit a domestic violence-related assault, apart from the severity of the assault, include: a prior episode in prison, the presence of a concurrent offense, and a violent offense in the previous 10 years. These factors increased the likelihood of a domestic violence-related assault offender receiving a prison sentence. In 2009, the New South Wales (NSW) Police Force recorded 26,000 incidents of domestic violence-related assault. In the same year the NSW Police Force commenced court proceedings against nearly 16,000 people for this same offense. This study addressed two specific questions: (1) what sentences do people convicted of domestic violence offenses receive and (2) what factors influence whether people guild of domestic violence-related assault receive a prison sentence? Figures, tables, notes, and references