Violent offenders showing up to their former residence and terrorising their ex-partner will no longer get off on a technicality.
NSW is introducing laws that penalise perpetrators for breaking and entering into a home where domestic violence victim survivors live, regardless of whether the abuser has their name on a lease or is a joint owner.
It comes after a controversial High Court decision in 2023 ruled in favour of a defendant who kicked in the triple-locked door of his former partner’s home and assaulted her.
In a 4-3 decision, the court found the offender had a lawful authority to enter the apartment he was jointly leasing, regardless of whether the woman wanted him to and despite him having moved out months earlier.
Changes will also ensure an accused person will no longer be considered an occupant of a residence if a restraining order, a court order, a bail condition or parole stops them from living at the home.
The High Court judgment known as BA v The King related to a man who stormed his former partner’s home near Canberra in July 2019.
He grabbed the woman inside by the shoulders, shouted at her and threw her phone on the floor as she tried to call for help.
He pleaded guilty to common assault, intimidation and destruction of property in the NSW District Court, but contested the aggravated break and enter charge.
His acquittal on that charge by the District Court sparked a successful Crown appeal and orders for a retrial, only for the man to win his appeal in the highest court in Australia.
Source: New laws close the door on domestic violence loophole – Yahoo News Australia