Australian Capital Territory Current Acts

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Sentencing—family violence offences

    (1)     In deciding how an offender should be sentenced for a family violence offence, a court must consider the nature of family violence and the context of the offending, including the following:

        (a)     the matters mentioned in the preamble to the Family Violence Act 2016


        (b)     whether the offending occurred at the home of the victim, offender or another person;

        (c)     whether the offending occurred when a child was present;

        (d)     if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences.

    (2)     A court must not reduce the severity of a sentence it would otherwise have imposed because—

        (a)     the offence is a family violence offence; or

        (b)     a family violence order under the Family Violence Act 2016

or a protection order under the Domestic Violence and Protection Orders Act 2008

(repealed) is in force against the offender in relation to the family violence offence.

    (3)     In this section:

"family violence—"see the Family Violence Act 2016

, dictionary.

"serious family violence offence" means a family violence offence that is punishable by imprisonment for 5 years or more.

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