Young people

The cases identified here provide examples of the way judicial officers have dealt with some of the issues raised in the context statement.

Click on the citation to be directed to a summary of the case in the Case Database.

  • R v Bell [2005] ACTSC 123 (1 December 2005) – Australian Capital Territory Supreme Court
    Higgins CJ at [30]: Domestic violence, ‘is a pernicious and evil phenomenon not only because of the immediate trauma to the victim. Its evil influence spreads to children as well. It is no coincidence that, in my experience, young offenders, more often than not, present with a family history of domestic violence. It used to be regarded as a family matter, to be kept private. Victims would be made to feel humiliated, and ashamed to complain; in truth it is entirely the criminal conduct of the perpetrator which is at fault. It is entirely in the public interest that such conduct be exposed and deterred’.
  • R v Wilkinson [2008] SASC 172 (4 July 2008) – Supreme Court of South Australia
    The accused was 27 and the complainant was 17. Gray J at [27]: ‘The causes of domestic violence are multiple. It has been recognised that relevant contributing factors include immaturity, mental illness, abnormal personality disorders, inhibition through drug abuse, poor anger management and lack of counselling and support.’