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