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BB102

Author Lily Trimboli
Published January 2015
Report Type Bureau Brief No. 102
Subject Apprehended violence orders (AVOs); Domestic violence; Offenders; Recidivism / Re-offending; Sentencing
Keywords domestic violence , ADVO breaches, sentence, prior record, regional variation

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Summary

Aim

To describe the characteristics of those found guilty of breaching an Apprehended Domestic Violence Order (ADVO) in NSW in 2013 and the principal penalties they received.

Method

BOCSAR’s Criminal Courts database provided information regarding the demographic characteristics of, and penalties imposed on, a cohort of 3,154 offenders found guilty in NSW in 2013 of breaching an ADVO as their principal offence. BOCSAR’s Re-offending Database provided data regarding the number of proven court appearances in the preceding five years for a cohort of 5,023 persons with a court appearance in 2013 involving at least one proven breach ADVO.

Results

Of 3,154 persons who were found guilty of breaching an ADVO as their principal offence, most were male (87.7%) and entered a guilty plea (84.6%). About one in five (22.5%) received a bond without supervision (average length=14 months) as their principal penalty; 17.8 per cent were fined (average amount=$432); 15.7 per cent received a bond with supervision (average length=16 months) and 12.4 per cent were given a custodial sentence (average length=4 months). Of 5,023 persons with a court appearance in 2013 involving at least one proven breach ADVO offence, 22.2 per cent had no proven court appearances in the preceding five years; 53.3 per cent of offenders had at least one prior proven violent offence (the main categories were assault and stalking); and 28.7 per cent of offenders had at least one prior proven breach ADVO offence.

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