Judicial Narratives and ‘Reality’: A Thematic Analysis of References to Family Violence in Sentencing Remarks for the Offence of Threat to Kill

Jonathan Pears and Patricia Easteal ()
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Jonathan Pears: Canberra Law School, Faculty of Business, Government and Law, University of Canberra, Bruce, ACT 2617, Australia
Patricia Easteal: Canberra Law School, Faculty of Business, Government and Law, University of Canberra, Bruce, ACT 2617, Australia

Laws, 2025, vol. 14, issue 2, 1-16

Abstract: For domestic and family violence (‘DFV’) offences, sentencing remarks present a unique opportunity for dialogue between the Court, the offender, the victim-survivor, and the public. At the point of sentencing an offender, the judicial officer provides a rationale for the sentence imposed. This rationale includes a consideration of the impact of the offending on the victim, but can also carry narratives about the harms, dynamics, and outcomes of DFV offences. This article seeks to evaluate the narratives present within sentencing remarks for the offence of threat to kill occurring in a DFV context in the Australian jurisdictions of the Australian Capital Territory and Victoria. The authors use thematic analysis to compare themes generated within the judgments to the sentencing considerations required by the Crimes (Sentencing) Act 2005 (ACT) and the Sentencing Act 1991 (Vic). Our findings support the idea that if required to refer to the nature and dynamics of DFV in sentencing offenders, judicial officers’ understanding of DFV may be improved. We therefore suggest such requirements could potentially play a similar role in other jurisdictions.

Keywords: domestic and family violence sentencing; domestic and family violence judicial narratives; sentencing legislative reform; domestic and family violence; offence of threat to kill (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2025
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