DO WE NEED A SPECIFIC DOMESTIC VIOLENCE OFFENCE?
MELBOURNE UNIVERSITY LAW REVIEW | MELBOURNE UNIV LAW REVIEW ASSOC | Published : 2015
This article considers whether a specific domestic violence offence is needed in Australian criminal law that can recognise the ongoing, controlling and coercive nature of domestic violence. The recent introduction into English and Welsh law of a 'controlling or coercive' behaviour offence that is designed to apply to offences committed in the context of domestic violence provides a good opportunity to extend the discussion in Australia. After a brief overview of the difficulties and concerns associated with prosecuting domestic violence as a criminal offence, this article reflects on recent law reform processes and outcomes in England and Wales. The article then considers the approach to th..View full abstract
Awarded by Australian Research Council
BA, LLB (Monash), LLM (QUT), PhD (Melb); Professor of Law, University of Queensland. A version of this paper was originally presented at the Criminal Law Research Workshop in Melbourne, March 2015. Thanks to the participants of the workshop, especially Stella Tarrant and Julia Tolmie, for their comments. Thanks also to Zoe Rathus AM and Andreas Schloenhardt for comments on a later draft. Finally thanks to Kate Thomas for research assistance. Research for this article was supported by the Australian Research Council's Future Fellowship program, project number FT140100796.