Tougher penalties needed for domestic violence perpetrators

I believe a large percentage of homeless women are in this state because of domestic violence.

The full impact of DV is insidious and goes far beyond mere physical attacks. It is a hidden cancer spreading within the community.

Magistrate Colin Strofield, the first judge appointed to the Gold Coast domestic violence specialist court trial, which began in 2015, has publicly endorsed the effect of the court, which is being trialled ahead of a possible wider roll out.

The Court only deals with domestic violence and related criminal matters and its workload has exceeded all expectations.

I feel a key to successfully, sustainably and holistically addressing Australia's staggering domestic violence rates is changing the stigma and mindsets that facilitate the widespread abuse.

Simply put, we need to harness the community through a strong public stance and the resetting of moral and community norms. The approach now being taken to the "coward punch" offences is an example of such a response.

The power of public opinion, coupled with legislative responses, has transformed what was previously tolerated and almost excused as "street brawling" into the concept of a cowardly attack.

Where before the perpetrators of this violent assault were charged under an array of laws non-specific to their particular action, they now face a specific sentencing range if found to have deliberately struck another individual with any part of their body or object they may be holding.

The result is that whether or not you intend to kill or severely injure someone, if you attack them within the context of a coward punch you will face a specific sentencing range for your crime. So, what parallels can be drawn with domestic violence?

The community would likely be divided on introducing mandatory sentencing for domestic violence, and there are studies which concluded it does not work as a deterrent.

An alternative might be the creation of a specific offence related to, for example, an assault committed against a family member, much like an assault against a police officer is a separate and different charge carrying different consequences to a charge of what is sometimes referred to as "common assault". The so called "coward punch" now also falls within that separate and specific category.

If we, as a community, reflected by our Criminal Code, recognise assaults on police officers or assaults committed in the context of the so called "coward punch" as deserving of separation and special treatment at law, why wouldn't we recognise assaults, and other acts of domestic violence that also amount to criminal acts, committed against family members to be a separate and specific category of criminal charge – with a higher sentencing range attached to it.