The offence of ‘Coercive Control’, contained in section 54D of the Crimes Act 1900 was introduced in July 2024 in the state of New South Wales and this offence occurs when an adult engages in conduct which coerces or controls an intimate partner.

 

An adult commits and offence of Coercive control if:

 

1.     The adult engages in a course of conduct against another person that consist of behaviour that is abusive; AND

 

2.     The adult and other person are (or were) intimate partners at a point in time; AND

 

3.     The adult intends the course of conduct to coerce or control the other person; AND

 

4.     A ‘reasonable person’ would consider the course of conduct would likely, in all circumstances cause any of the following, (whether fear or impact is in fact caused):

 

 

i.               Fear that violence will be used against the other person or another person: or

 

ii.             A serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day to day activities.

 

Some examples of the offence of Coercive Control as per section 54D of the Act include:

 

1.     Behaviour which ultimately humiliates/ degrades the other intimate partner.

 

2.     Behaviour where an intimate partner is monitored/ harassed.

 

3.     Behaviour which does not allow an intimate partner to seek employment

 

4.     Behaviour where a person is withholding financial support to meet their intimate partner’s living expenses

 

5.     Behaviour controlling/ accessing a person’s income or financial assets

 

6.     Threatening to cause harm to a person if certain demands are not complied

 

 

Are there any Defences to the offence of ‘Coercive control’?

Section 54E of the Act notes that a person has a defence to a charge of coercive control if their conduct is reasonable in all circumstances.

 

 

Maximum Penalty for the offence of “Coercive Control’’?

 

If the offence of “coercive control’’ is heard in the District Court, then it attracts a maximum term of imprisonment of 7 years.

 

If the offence of “coercive control’’ is heard in the Local Court, then it attracts a maximum term of imprisonment of 2 years which is the Jurisdictional limit for the Local Court in NSW.

 

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Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

 

*This article correctly reflects the Laws of NSW as at 11th September 2024.

 

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

 

 

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