Significant statistics during the reporting period include

Note: Family violence matters completed in the Childrens Court and Magistrates Court include matters completed by way of committal to the Supreme Court. Family violence matters completed in the Supreme Court include Supreme Court appeals and matters in which a Notice declining to proceed was filed.

Prosecuting FV matters

Family violence matters are difficult. The offences take place in private and are often not reported to the police. In most cases the victims are women. The challenges associated with convincing a court that an offence has been committed in a person’s home, often without any witnesses apart from the victim, and in circumstances where there are emotional financial and physical pressures placed on the victim, should not be underestimated.

Further, victims often reconcile with their attackers before the prosecution is concluded, leading them to be uncooperative or ‘unfavourable’ witnesses. Family Violence prosecutors are familiar with the operation of section 38 of the Evidence Act 2011 which allows the prosecution to cross-examine witnesses it has called. Prosecutors also become well versed in the vulnerable witness provisions in the Evidence (Miscellaneous Provisions) Act 1991.

The following case reports illustrate some of the challenges in the area and demonstrate the issues that arise when one family member is charged with offending against another: