Criminalising economic and emotional abuse and intimidation: the Tasmanian experience

In 2004 the parliament of Tasmania enacted two new offences in the context of family violence; the first was intended to prohibit economic abuse, and the second sought to prohibit emotional abuse or intimidation. The introduction of these novel provisions constituted a movement away from conceptions of family violence that rely solely upon physical acts and, instead, treated the infliction of psychological harm as a core feature of family violence. The offences have, however, only rarely been prosecuted. This article analyses the offences, identifying difficulties in their construction and exploring the reasons why they have had such little impact. Despite the rarity of prosecutions, the new offences are significant, for they challenge traditional conceptions of the criminal law that rely on the criminalisation of causing, or threatening, physical harm. Consequently, and in the context of recent legislation in England and Wales criminalising controlling or coercive behaviour, a review of the offences that have been operating in Tasmania for more than a decade is timely.

Criminalising controlling and coercive behaviour: the next step in the prosecution of family violence?

A new offence of controlling or coercive behaviour in intimate or family relationships has recently come into force in England. The parliament of Scotland is contemplating introducing a related offence. The offence is distinctive because it criminalises conduct – controlling and coercive behaviour – which has specified negative behavioural and psychological consequences without necessarily requiring that a victim sustain physical injury or fear death or serious harm. This significant extension of the criminal law supplements anti-stalking legislation and has been justified on the basis that it addresses a core feature of abusive relationships, is essential to protect the human rights of victims of domestic abuse, and has community support. In the context of the ongoing debate about how best to tackle the problem of domestic abuse in Australia, this development provides an innovative – albeit still untested – model and should be closely examined.

Running a Cartel? Go directly to jail

Operators of cartels now face not only big fines, but also time in jail. And new laws criminalising cartels leave no room to move.