AC was sentenced in the ACT Magistrate’s Court. He had a significant criminal record, mainly for driving, drug and dishonesty offences. The prosecution in its submissions emphasised the need for general deterrence in instances of serious and repeated family violence. AC’s defence counsel asked that AC be sentenced to a suspended term of imprisonment.

On the first assault, AC was convicted and sentenced to 11 months imprisonment. On the second assault, he was convicted and sentenced to five months imprisonment. Three months in relation to the second assault were cumulative with the 11 months for the first assault, resulting in a head sentence of 14 months imprisonment. Five months were to be served full-time; a further five months were to be served by way of periodic detention; and the remaining four months were suspended upon AC entering in to a two year good behaviour order.

On appeal the sentence was reduced to two months full-time imprisonment, with a further five months suspended upon his entering into a two year good behaviour order.

Police v AT

AT was charged with assaulting his partner, ND, on two separate occasions, once by hitting her with a broom to her elbow occasioning to her actual bodily harm, and once for pushing her over. In relation to the first assault ND went to the hospital for medical treatment but did not report the incident to police. Police attended ND and AT’s residence the day after the last assault and ND disclosed the events to police.

It was alleged that the couple’s daughter, ST, witnessed both assaults. She had been interviewed by police, however, ST did not attend court at the hearing. Because ST was a child and was not before the court, the prosecution made an application under s 65 of the Evidence Act 2011 to treat ST as an unavailable witness. ST had spoken to police the day after the second assault which was also relatively close in time to the first assault. This application was successful and police were able to give evidence of what ST had told them about the assault.

AT, who had no criminal record, was found guilty of the first assault occasioning actual bodily harm, but not of the second assault. He was sentenced to a good behaviour order for 12 months. AT has appealed against the decision.

Witness Assistance Service

The priority of the Witness Assistance Service (WAS) is to support vulnerable witnesses involved in the criminal process, focusing on sexual assault victims, child victims, victims of a crime where a death has occurred, family violence victims and victims of crime where a significant traumatic impact has occurred. This priority model is not exhaustive, but acts as a guideline for WAS Officers and those within the Office to identify those complainants, victims and witnesses who may be particularly in need of WAS support during their involvement with the criminal process. (The WAS refers to complainants, victims and witnesses they deal with as ‘clients’, although the Office does not have clients in a legal sense).

The 2012–2013 financial year saw a number of staffing changes to the WAS. September 2012 saw the departure of the Professional Officer 2 (PO 2) Senior Witness Assistant who was replaced by a new officer. In January 2013, a new Witness Assistant (PO 1) was employed. The disruption to staffing continuity presented challenges in the provision of ongoing support to clients.