As amended to Legal Profession Uniform Law Application Legislation Amendment Act 2015 (No 7). Commenced 1 July 2015. Current to 31 October 2016.
The Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 (No 33) is not in force as at 31 October 2016.
Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.
|13||Stalk or intimidate with intention of causing a person physical or mental harm||50 pu and/or 2 yrs
[50 pu and/or 5 yrs]
|14||Contravene domestic or personal violence order||50 pu and/or 2 yrs|
|37(6)||Contravene property recovery order/obstruct person attempting to comply with property recovery order||50 pu|
For discussion of the principles and approach when sentencing for a domestic violence offence: see Sentencing Bench Book at [63-500].
If a person pleads guilty to an offence or is found guilty of an offence and the court is satisfied that the offence was a domestic violence offence, the court is to direct that the offence be recorded on the person’s criminal record as a domestic violence offence: s 12.
An indication in the charge for an offence that a person has committed a domestic violence offence will be relevant in bail proceedings in determining whether there are any “unacceptable risks” in the granting of bail to the person. The recording on a person’s criminal record that an offence is a domestic violence offence will be relevant to ss 7 and 8 of the Act, where previous behaviour constituting a domestic violence offence is taken into account for the purpose of determining whether a person’s behaviour amounts to intimidation or stalking, and to ss 27 and 49 of the Act, which requires police to make applications for apprehended domestic violence orders in situations where the person in question has already committed a domestic violence offence. Section 21A of the Crimes (Sentencing Procedure) Act 1999 provides that a record of previous convictions is an aggravating factor to be taken into account when determining the appropriate sentence for an offence.