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QSAC report finds DFV treated more seriously in sentencing outcomes

Front headshot of Kerry OBrien
Queensland Sentencing Advisory Council chair Kerry O’Brien.

Domestic and family violence is being treated more seriously when it comes to sentencing outcomes and practices, the Queensland Sentencing Advisory Council (QSAC) has found.

QSAC released its final report, The Tangled Web: Examining domestic and family violence sentencing reforms, which reviewed the impact of two specific sentencing reforms.

The Tangled Web is a culmination of more than a year of research looking at the increase in the maximum penalty for contravening a domestic violence order and the introduction of domestic violence as an aggravating factor for the purpose of sentencing.

Council chair Kerry O’Brien said the review looked at what the sentencing reforms meant for victim-survivors, perpetrator accountability, and the broader justice system.

“Queensland has already undertaken a lot of work to help curb the blight of domestic violence on all aspects of our society,” Mr O’Brien said.

“Our findings in The Tangled Web revealed sentencing practices have shifted towards treating domestic and family violence-related offending more seriously than other offending.

“We are seeing a greater use of custodial and supervised orders, including imprisonment, for contravening a domestic violence order, however, the length of custodial sentences have not changed.”

In relation to other DV-related offences, the research found in both the Magistrates and higher courts that domestic violence offences were more likely to receive a custodial penalty and a longer median custodial sentence than non-domestic violence related offences.

The Tangled Web, which was released this week, includes two recommendations, 12 findings and seven observations about the sentencing reforms.

The recommendations include improved data capture to support better understanding of the amount of actual time spent in custody and the development of standardised linked data sets to better support research and evaluation efforts.

The full report is now available.

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