Coercive control is a challenging legal issue encompassing a range of accusatory behaviours, from intimidation and manipulation to isolation and financial abuse. The legal framework for coercive control in NSW has recently evolved, and it is crucial to appreciate these changes from the defendant’s perspective. This blog aims to shed light on what defendants facing charges of coercive control need to understand.
Legal Background
In July 2024, significant changes were made to the NSW Crimes Act 1900. This amendment created a new offence related to abusive behaviour towards current or former intimate partners. The Crimes (Domestic and Personal Violence) Act 2007 was also modified, introducing a new definition of domestic abuse. These amendments are designed to address coercive control more thoroughly in NSW.
Related Offences
It is common for charges under coercive control to be accompanied by other domestic-related offences such as:
- Intimidation,
- Stalking,
- Assault,
- Damage to Property, and/or
- Apprehended Domestic Violence Orders (ADVOs).
Defendants should be aware that these charges can significantly complicate their legal situation and require careful legal strategy.
CRIMES ACT 1900 – SECT 54D: Abusive Behaviour Towards Current or Former Intimate Partners
Under Section 54D of the NSW Crimes Act 1900, an adult commits an offence if:
- (1) An adult commits an offence if:
- (a) The adult engages in a course of conduct against another person that consists of abusive behaviour, and
- (b) The adult and the other person are or were intimate partners, and
- (c) The adult intends the course of conduct to coerce or control the other person, and
- (d) A reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause any or all of the following, whether or not the 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. Maximum penalty: Imprisonment for 7 years.
- (2) For subsection (1)(a):
- (a) The course of conduct may be constituted by any combination of abusive behaviours, and
- (b) Whether the course of conduct consists of abusive behaviour must be assessed by considering the totality of the behaviours.
Defining Abusive Behaviour
Under Section 54F, abusive behaviour means behaviour that consists of:
- Violence or threats against a person; or
- Coercion or control of the person.
Examples of behaviour that may amount to coercive control include:
- Behaviour that causes harm to a person if demands are not complied with.
- Financially abusive behaviour, such as withholding financial support necessary for meeting a person’s reasonable living expenses, preventing or restricting a person from being employed or having access to their income or financial assets.
- Behaviour that shames, degrades, or humiliates.
- Behaviour that harasses a person or monitors their activities.
- Behaviour that damages or destroys property.
- Behaviour that prevents a person from maintaining their connection with family or from participating in cultural or spiritual practices.
- Behaviour that injures or kills an animal.
- Behaviour that deprives a person of their liberty.
Section 54E: Defence of Reasonableness
- (1) In proceedings for an offence under section 54D(1), it is a defence if the course of conduct was reasonable in all the circumstances.
- (2) For subsection (1), that the course of conduct was reasonable in all the circumstances is taken to be proven if—
- (a) Evidence adduced is capable of raising an issue as to whether the course of conduct is reasonable in all the circumstances, and
- (b) The prosecution does not prove beyond reasonable doubt that the course of conduct is not reasonable in all the circumstances.
Possible Penalties
In NSW, the consequences of a conviction under the coercive control laws are substantial:
- Local Court: Imprisonment of up to two years.
- District Court: Sentences of up to seven years imprisonment.
Under the Bail Act, this offence is classified as a “show cause” offence, requiring the defendant to justify why bail should be granted.
Seeking Legal Advice Early
If you are accused of these offences, it is critical to seek legal advice as soon as possible. An experienced criminal lawyer can provide you with a clear understanding of the charges, help you build a strong defence, and guide you through the legal process.
Facing accusations of coercive control can be overwhelming, but you do not have to navigate this alone. At Catron Simmons Lawyers, we are committed to offering expert legal support and representation to help you achieve the best possible outcome.
If you need assistance or have questions about your situation, please contact us for a confidential consultation. Understanding your rights and the legal process is the first step in addressing the charges against you.