Analysis of Crime and Jurisdiction under the Family Violence Act 2008

This report provides a crime briefing on the Family Violence Act 2008, analyzing various articles related to the Act, the crimes involved, and their respective jurisdictions. It covers instances of domestic violence and murder in Queensland and New South Wales, referencing specific sections of the Criminal Code Act 1899, Domestic and Family Protection Act 2012, Family Violence Protection Act 2008, and Crimes Act 1900. The report highlights key elements constituting domestic violence, such as coercion, physical and psychological abuse, and stalking, using case examples like the murder of Doreen Langham and Hannah Clarke, and the assault by Andrew Lovett. It also discusses the legal ramifications and points of proof required in domestic violence cases, emphasizing the severity of both physical and emotional abuse. The document is available on Desklib, a platform offering study tools and resources for students.

Crime Briefing
documents

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY...................................................................................................................................2
REFERNCES ..................................................................................................................................3

INTRODUCTION
Crime is addressed as the any act which being of unlawful category is punishable by the
concerned state or authority. The term, crime in itself does not possess any specific definition
rather the term has been interpreted by the way of various judicial precedents (Dittmar, 2021).
Moreover, the crime has been categorised in two broad categories which are the crimes of civil
nature and criminal nature. Generally it has been elaborated as any act or offence which is of
harmful nature not only to an individual but to the society as well and which cannot be
forbidden by law. The following report discusses the four articles being related to the Act of
Family Violence of 2008, with respect to the involved crime and jurisdiction.
MAIN BODY
Article 1
Crime- The offence committed in the article is Domestic Violence and murder.
Jurisdiction- The crime has been committed in Queensland .
Act and Section- Section 302 of Criminal Code Act, 1899 and Section 8 and 23 of Domestic
and Family Protection Act, 2012
Points of proof- The essential elements which constitutes domestic violence are coercion,
physical abuse, emotional torment, economic oppression, psychological abuse, threatening
the victim, exercising dominance on the other person (victim). In the above mentioned
article, Doreen Lang ham of Queensland is being murdered by her former partner Gary Hely
against whom she was granted a protection order by the court which shows that she was
being tortured psychologically. She was burnt alive as she got trapped in her house and could
not find a way to save herself. It was found in the investigation that Ms. Lang ham called the
police officials several times. But in the mid of the night when the police arrived at her place,
she did not responded and after an hour she found dead (Daly and Mann, 2018).
Article 2
Crime- Domestic Violence and murder
Jurisdiction- Queensland
Act and Section- Section 302 of Criminal code act 1899 and Section 8 and 23 of Domestic

family protection act 2012.
Points of proof- Hannah Clarke and her three children were brutally murdered by her
alienated husband Rowan Baxter. He drenched the four of them in petrol and set fire. It
was concluded that she was under coercive control of her husband where he use to keep
watch on her by tracking her everywhere, he even controls her social media accounts and
the clothes she use to wear, her public interactions and meetings. What kind of
psychological imbalance he had...nobody was aware of that ,which led him killing his
own family. Domestic violence does not comprise physical abuse only, it also talks about
emotional and psychological revilement which has the same gravity of pain and suffering
which is seen in the cases of physical assault.
Article 3
Crime- Domestic violence and stalking
Jurisdiction- Victorian legislation
Act and Section- Section 5 and 7 of Family violence protection act 2008 and Section 21 A
of Crimes act 1958.
Points of proof- Andrew Lovett famous player of Australian Football League has been
imprisoned for the offence of domestic violence against his girlfriend. Investigation has stated
that he use to beat her by choking her neck, kicking and punching her on the face and head which
leads her to unconsciousness state and heavy bleeding. This incident was happened on the day
when the couple returned their home after watching the AFL. He was also involved in the act of
stalking his girlfriend wherever she goes and use to send her abusive text messages (Tobin,
2020).
Article 4
Crime- Domestic violence and wounding or grievously body harm with intent
Jurisdiction- North South Wales
Act and Section- Section 11 of Crimes (Domestic and Personal Violence) Act 2007 No 80
and Section 33 of Crimes act 1900.

Points of proof- In this particular act, domestic violence offences are those where there is a
involvement of threat under which one person terrorize the other in terms of make him/ her doing
what the former one wants. It also includes personal offences described under Crimes Act 1900
and Crimes (Amendment Apprehend Violence ) Act 2006. In the preceding article, Arken Abdul
Rahim, brother of deceased ISIS militant Khaled Sharrouf, has serious charges of domestic
violence against his partner. He broke her ribs, vertebrae and harmed one of her eye which was
grave in nature. He make her bald by shaving her head and choked her. She ran to the nearby
police station and reported there about her injuries caused by him. The police authority send her
to the hospital for further treatment and arrested him from his home. She has undergone with the
threat of death after facing such grievous amount of harm (van Buitenlandse Zaken, 2018).

REFERNCES
Books and Journal
Daly, A. and Mann, M., 2018. 3D printing, policing and crime. QUT Crime Justice and Social
Democracy Research Centre Briefing Paper Series, 1.
Dittmar, V., 2021. Organized Crime Groups in Latin America and TREX-Hybridity. The Journal
of Intelligence, Conflict, and Warfare, 3(3), pp.141-143.
Tobin, J., 2020. House of Lords Library Briefing: Inequalities Faced by Gypsy, Roma and
Traveller Communities.
van Buitenlandse Zaken, M., 2018. Security Council Briefing: UN Peacekeeping Operations:
Police Commissioners-Speech-The Netherlands at International Organisations.