FAMILY violence could be considered a “separate factor” in sentencing domestic crimes of offenders facing additional penalties to reflect community standards.

The proposed changes to the law for ACT courts would allow judges some discretion and context in sentencing a convicted violent act that occurred either inside a family home, in front of a child or whether the person had previous convictions for similar offences.

The legislation that gives specific consideration was tabled in the ACT Legislative Assembly on Thursday (June 24).

Attorney-General Shane Rattenbury said the reforms was reflected from a Court of Appeal decision in February 2020, which found “absent any statutory provision…there is no place for a separate sentencing regime that applies to offenders who commit family violence”.

The court gave reasons to decline resentencing the offender, who was already convicted of “serious” crimes against his former partner and young children.

The court upheld the decision based on “there is no place for a separate sentencing regime that applies to offenders who commit family violence offences, whether it be more lenient or more severe”.

The ACT Greens leader said it was time violent family offenders were “held to account”.

“The ACT government condemns family violence in all of its forms and is making reforms to address this serious issue in our community,” Mr Rattenbury said.

“The community rightly expects courts to hold perpetrators of family violence to account in sentencing.

“I want to ensure courts have the appropriate tools to sentence offenders, prevent family violence and ultimately protect the community.”

Amendments to the law will occur to five pieces of legislation to support vulnerable people more safely, support police in field and ensure the criminal justice system functions in line with the ACT “community’s high expectations”.

The bill also contains amendments to support the use of body-worn cameras by ACT police, which will improve safety and accountability for the public too, especially in private settings such as these family violence incidents.

It is the first of two stages the government is committed to over changing family violence sentencing and recognising the severity of family violence offences.

The other stage in the reforms that in principle the opposition agree to is the consideration of a scheme of aggravation for family violence offences.