Review of sentencing for murder and manslaughter
This submission responds to the NSW Sentencing Council’s review of sentencing for murder and manslaughter. Drawing on ANROWS research, the submission pinpoints key concerns for the review.
The submission stresses the importance of acknowledging the gendered dynamics of domestic and family violence (DFV) at all stages of addressing DFV, including during sentencing for homicide offences committed in a DFV context, with a particular focus on female homicide offenders.
Key concerns covered in the submission include, but are not limited to:
- the need to consider the significant difference between characteristics of intimate partner homicides perpetrated by women and those perpetrated by men, particularly in relation to the sentencing principle of the need to protect the community from the offender
- the impact of help-seeking and safety barriers on the effectiveness of deterrence as a sentencing principle
- the effectiveness of the principle of rehabilitation, in light of the rising female prison population and lack of adequate support resources
- the damaging effects of incarceration on children in perpetuating cycles of disadvantage and violence
- effects of community attitudes on the ability to recognise and report intimate partner violence.
Australia’s National Research Organisation for Women’s Safety. (2019). Review of sentencing for murder and manslaughter [Submission]. ANROWS.