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DFV e-Newsletter
Issue 5, November/December 2018
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Domestic and Family Violence Death Review and Advisory Board 2017-18 Annual Report
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The second Annual Report of Domestic and Family Violence Death Review and Advisory Board was tabled on 2 November 2018. The report can be found here: Domestic and Family Violence Death Review and Advisory Board Annual Report 2017-18 .Appendix B of the report contains the Intimate Partner Lethality Risk Factor Form which outlines risk factors and their descriptors. Table 23 contains a list of the prevalence of lethality risk factors among intimate partner homicides during the period 2011-2017. A summary of the highest ranking lethality risk factors in intimate partner homicides in the period 2011-2017 can be viewed in Figure 26, reproduced below:
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Lunch Time Seminar Members of the Board will present a Lunch Time seminar
on the report in the new year.
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Domestic and Family Violence Protection Act 2012 Benchbook Updated
Following a review, a new version of the Domestic and Family Violence Protection Act 2012 Benchbook, Version 5, September 2018, is now available on the Judicial Virtual Library, Queensland Courts website and DJAG intranet DV Hub.
Access Version 5 of the Domestic and Family Violence Protection Act 2012 Benchbook here.
The DFV Benchbook has been updated with the following content:
- Hyperlinks and formatting updated.
- Chapter 27 - a comparative table of DV legislation in each state and territory;
- Updated legislation and case law references;
- National Domestic Violence Order Scheme, information sharing provisions and sexual assault counselling content.
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Supreme Court of Queensland
Sofronoff P and Morrison and Philippides JJA
Appeal against conviction and sentence dismissed.
Morrison JA, lead judgement. The appellant was convicted after a trial on two counts (sentenced):
- sexual assault (concurrent 12 months imprisonment, suspended after 4 months)
- assault occasioning bodily harm (concurrent 12 months imprisonment, fixed parole release date after serving 4 months, 2 June 2018.)
Grounds of appeal: verdicts unreasonable or cannot be supported having regard to the whole evidence on basis of CCTV footage that contradicted complainant’s account, and rendered it virtually impossible that the offences occurred [4].
Appellant sought leave to appeal against sentence on grounds that sentence manifestly excessive.
Court dismissed appeal against conviction and refused application for leave to appeal against sentence.
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R v MCZ [2018] QCA 240Court of Appeal
Fraser and Philippides and McMurdo JA
Delivered 27 September 2018
Leave to appeal against sentence dismissed.
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District Court of Queensland
Fantin DCJ
Appeal against conviction dismissed.
Appeal against conviction for assault occasioning bodily harm (domestic violence offence) on the basis that the magistrate erred in finding the charge proved beyond reasonable doubt and that the verdict was against the weight of evidence. Her Honour accepted the magistrate’s findings as correct. There was no basis to find that the magistrate made an error in her assessment of the evidence that would justify interference by the court.
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R v Ali [2018] QCA 212Court of Appeal
Fraser and Gotteron JJA and Burns J
Application for leave to appeal against sentence
Delivered on 14 September 2018
Burns J (lead judgement).
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Leave to appeal against a sentence of imprisonment granted. Appeal allowed.
Leave to appeal against a sentence of imprisonment imposed by District Court at Brisbane on 3 April 2018 on grounds that sentence imposed was manifestly excessive. The offending conduct involved a home invasion, in company and with violence, for the purpose of recovering the applicant’s daughter.
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District Court of Queensland
Fantin DCJ
Appeal against sentence allowed.
Appeal against sentence for breach of a domestic violence order, concerning a child named on the order, on grounds that sentence manifestly excessive and procedural fairness denied in not inviting submissions on imprisonment. The offending involved two instances of name calling, one of which contained an expletive. The magistrate did not indicate she was considering a term of imprisonment and did not invite submissions. At [50], “To impose a sentence of imprisonment in the circumstances of this particular offence and the appellant’s antecedents, where no party had addressed the court on that possibility and where the court had not indicated it was considering it, was a breach of natural justice.”
Sentence imposed of 3 months imprisonment suspended for 12 months set aside and replaced with 6 months’ probation.
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JAW v Reed [2018] QDC 178
District Court of Queensland
Horneman-Wren SC DCJ
Appeal dismissed
Appeal against making of a protection order and application for a hearing de novo. Appellant’s application for a hearing de novo was refused – appellant was not in a position to call new witnesses at the appeal hearing; evidence which he sought to adduce was evidence which would have been adduced at the hearing; difficulties faced in being self-represented should not be relied upon to demonstrate why an appeal ought to be conducted as a fresh hearing to enable a more prepared and rehearsed approach second time round.
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Injury Prevention and Control: Division of Violence PreventionCentre for Disease Control and Prevention (CDC)
The CDC (US) has recently released web-based resources to guide state and health agencies and other key stakeholders in planning, implementing and evaluating prevention efforts. Access the materials here.Invisible Practices: Intervention with fathers who use violenceANROWS, led by Professor Cathy HumphreysThe research provides an evidence base for intervening with fathers who use domestic and family violence (DFV) in order to enhance support for women and children living with DFV. The project delivered an evidence-informed Practice Guide for workers and highlights the need for organisations to undertake systemic change to embed these new practice approaches. Read more here.2017 National Community Attitudes towards Violence against Women SurveyFindings from the 2017 National Community Attitudes towards Violence against Women Survey are now available. On the whole, the survey found that Australians are less likely to hold attitudes supportive of violence against women now than in 2013 and 2009 and are more likely to support gender equality.Read more here.
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* Links to pages on Magistrates Intranet & other pages that are not publicly accessible.
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From the Chief Magistrate's Desk:
Issue One, July 2018
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From the Chief Magistrate's Desk:
Issue Two, August 2018
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From the Chief Magistrate's Desk:
Issue Three, September 2018
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From the Chief Magistrate's Desk:
Issue Four, October 2018
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