THE mother of children physically assaulted by their central Victorian father says she is “sickened” by a recent sentence handed down in the Bendigo Magistrates’ Court.
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She claims the family continues to live in fear of the man, who was fined $1200 for three counts of unlawful assault against his children and six counts of contravening intervention and family violence orders. A further $1000 fine was given for weapons possession.
The mother – who cannot be named to protect the identity of the children – said the sentence showed family violence was still not being taken seriously by the courts.
“I will be writing to the courthouse for a please explain,” she said.
“I have been fighting this messed up system for five years straight and it looks like I will now have to continue.”
Magistrate Sarah Leighfield considered a number of factors in the sentence, which also includes a $300 donation to the Centre for Non-Violence and mandatory counselling for anger management.
The fact the man no longer has contact with his children was considered a form of punishment, while his deteriorating health – which included a heart attack – was mentioned as a reason for his offending.
His defence counsel argued one of the children was prone to violent outbursts, and excessive force was required to restrain them on occasions.
The mother said these factors had been given too much weight by the court, and a prison term should have been considered.
“The sentence should be jail, it’s very simple,” she said.
“He is a constant and consistent offender.
“The ongoing effects to me and my kids continue, meanwhile he walks free.”
One unlawful assault charge involved the father choking a child for up to 10 seconds, leaving the child “struggling for breath”.
The breaches of intervention orders included verbally abusing and intimidating the mother in public places in central Victoria, and driving past her house. He also used obscene language against the woman in front of the courthouse.
The mother said it was difficult to convince herself and the children they were safe, even after the legal matters were finalised.
“When I first separated from (him), I knew it would be bad and I had contemplated absconding with the children and changing our identities,” she said.
“But I thought I’d better stay and do it all through the legal channels, convinced at that time we’d be looked after.
“Well I was wrong.”
Consistency remains an issue for courts
Instances of women being unhappy with the outcome of their family violence court matters remain common, but the system is improving, Centre for Non-Violence chief executive officer Margaret Augerinos says.
She said each case had a range of factors and it was important support was available for victims.
But consistency remains an issue.
“We are still grappling with how we can get the consistency in sentencing that’s required,” Ms Augerinos said.
“It remains a serious issue.
“From individual cases, we do see situations where women are not happy with the results. But we do hear positive responses as well.”
Family violence became a priority for Victoria Police under commissioner Ken Lay.
Breaches of intervention and family violence orders were followed up more thoroughly.
Ms Augerinos said magistrates and court staff received more training than ever in handling family violence cases in the best interests of victims.
“I know there have been difficulties with women getting breaches prosecuted in courts. We find police have been doing well to follow up breaches, however,” she said.
“When they get to court, we’re reliant on the system doing its job.”
Loddon-Campaspe Community Legal Centre legal practice manager Clare Sauro said things were improving for victims of family violence.
“Our centre has not assisted with this case, but on a general basis we believe that it is vital that the community and courts takes family violence seriously, however the Court has sentencing guidelines and laws that it needs to follow,” she said.
“The Royal Commission into Family Violence has provided strong recommendations in regard to specialist family violence courts and training for court staff and police and we fully welcome this.”