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

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.

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Publication Details

Journal
Laws
Published
2025-03-11
DOI
https://doi.org/10.3390/laws14020015
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
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0.00
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article

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

Patricia Easteal, Jonathan Pears
Laws
Criminal Justice and Corrections Analysis
article

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

Patricia Easteal, Jonathan Pears
article en

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.

LawsVol. 14(2)
University of Canberra (AU)
Openalex Percentile: Top 94%
Criminal Justice and Corrections Analysis
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Judicial Narratives and ‘Reality’: A Thematic Analysis of References to Family Violence in Sentencing Remarks for the Offence of Threat to Kill — Patricia Easteal, Jonathan Pears · Laws (2025) | TGRS Research Map | TGRS