34BSentencing—family violence offences

34B Sentencing—family violence offences (1) In deciding how an offender should be sentenced for a family violence offence, a court must consider the nature of family violence and the context of the offending, including the following: (a) the matters mentioned in the preamble to the Family Violence Act 2016; (b) whether the offending occurred at the home of the victim, offender or another person; (c) whether the offending occurred when a child was present; (d) if the offence is a serious family violence offence—whether the offender has 1 or more other convictions for serious family violence offences. (2) A court must not reduce the severity of a sentence it would otherwise have imposed because— (a) the offence is a family violence offence; or

(b) a family violence order under the Family Violence Act 2016 or a protection order under the Domestic Violence and Protection Orders Act 2008 (repealed) is in force against the offender in relation to the family violence offence. family violence—see the Family Violence Act 2016, dictionary. serious family violence offence means a family violence offence that is punishable by imprisonment for 5 years or more.