Adjourned Undertaking with/without Conviction (Low)

In considering whether it is appropriate to attach a program condition, the court should take into account whether there are adequate mechanisms in place to ensure compliance. If there are no adequate mechanisms in place to ensure compliance, the court should consider ongoing court supervision of the undertaking.

The court should also consider attaching a condition directed at protecting the victim, for example if there is not a continuing intervention order on foot, a restraint on the offender approaching or contacting the victim.

Fine (Low)

The court should consider whether a fine will impact negatively on the victim, for example if imposing a fine may affect the offender’s ability to pay child support payments or provide other financial support that the offender would normally provide to the household.

Community-Based Order (Low and Medium)

When imposing a community-based order, a court could consider attaching:

• a condition directed at the offender’s conduct such as a men’s behavioural change program;
  
• the possibility of a community service order, fixing the number of hours (up to 20 hours per week) according to the gravity of the
  offence;
  
• a supervision order, for those offenders who demonstrate a high risk of re-offending; or
  
• a condition directed at protecting the victim, for example if there is not a continuing intervention order on foot, a restraint on the
  offender approaching or contacting the victim.

Intensive Correction Order (Medium)

When imposing an intensive correction order, a court could consider attaching a special condition directed at the offender’s conduct such as a men’s behavioural change program; programs that are not based within Corrections Victoria may be attached to the order.

Wholly (Medium) and Partially (High) Suspended Sentence

In deciding whether a suspended sentence is an appropriate sanction for a breach of an intervention order, the court should consider whether the offender requires some level of intervention to prevent further offending (such as a men’s behavioural change or other rehabilitative or treatment program). If so, a suspended sentence would not be the appropriate sanction.

Further, if the court is of the view that the immediate safety of the victim is an issue, a suspended sentence is unlikely to be an appropriate sanction.

Immediate Custodial (High)

Given the potentially serious and long-lasting effects of both physical and non-physical breach behaviour, immediate terms of imprisonment should not be confined to breaches involving physical violence. Where any non-physically violent behaviour caused or was intended to cause a high degree of harm and anxiety, a court should consider an immediate custodial sentence.