Queensland’s new coercive control criminal offence will now commence in 2025.

The development of this offence recognises the changing social conceptions of domestic violence, with coercion and non-physical abuse at the heart of the offence provision.

The new offence will be in section 334C of the Criminal Code Queensland, which provides that:

• A person who is an adult commits an offence (a coercive control offence) if—
  • the person is in a domestic relationship with another person (the other person); and
  • the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than 1 occasion; and
  • the person intends the course of conduct to coerce or control the other person; and
  • the course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm.

The charge is indictable and carries a maximum penalty of 14 years’ imprisonment.  Persons pleading guilty to the charge will be able to do so in the Magistrates Court of Queensland.  Otherwise, trials for this offence will occur before a jury in the District Court of Queensland.

Section 334C does not require there to be evidence that the coercive or controlling behaviour caused actual harm to the complainant.

Domestic violence is broadly defined as behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a domestic relationship that –

• is physically or sexually abusive; or
  • is emotionally or psychologically abusive; or
  • is economically abusive; or
  • is threatening; or
  • is coercive; or
  • in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.

It is a defence to show, on the balance of probabilities, that the course of conduct for the coercive control offence was objectively reasonable in the context of the relationship between the parties.  It is not a defence if the accused person subjectively believed that their conduct was reasonable. 

Criminal defence lawyers and others have raised concerns in the past about the wide definitions contained within the legislation.  This raises the risk that non-criminal behaviours may be captured by the provisions.

In addition, the offence creates new procedural rules which may have a dramatic impact on legal proceedings for coercive control.  In particular, the prosecution does not have to particularise the particulars of each act of domestic violence which is said to constitute coercive control.  Further, members of the jury do not have to be unanimous about which particular acts of domestic violence form the coercive controlling behaviour.

We will closely monitor the impact of the new offence when it is enacted in 2025 and provide updates on our blog.  In the meantime, don’t hesitate to contact us for expert advice and representation in this emerging area of law.

Contacting Jasper Fogerty Lawyers

📞        1800 ASK JFL

📧       info@jasperfogerty.com.au

About the author:

Rebecca Fogerty is one of Queensland's most highly regarded solicitors in criminal law. She has extensive criminal law and domestic violence experience and has presented papers nationally and internationally on coercive control. You can read more about Rebecca here