Coercive control is now a criminal offence in New South Wales, and it is one of the most significant changes to domestic violence law the state has ever seen. For the first time, a person can be charged and sent to prison for a pattern of controlling behaviour, even where no single act of physical violence is alleged.
If you have been accused of coercive control in Sydney, this is a serious matter that you should not face alone. The law is new, the boundaries are still being tested in the courts, and the penalties are significant. Our Sydney criminal lawyers understand exactly how these allegations are investigated and prosecuted, and we are here to protect your reputation and your future.
What Is Coercive Control Under NSW Law?
Coercive control became a standalone criminal offence in New South Wales on 1 July 2024. It was introduced by the Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW), which inserted a new offence into the Crimes Act 1900 (NSW).
The offence is found in section 54D of the Crimes Act 1900 (NSW). In plain terms, it makes it a crime for an adult to engage in a course of conduct made up of abusive behaviour against a current or former intimate partner, where the person intends to coerce or control the other person. “Abusive behaviour” includes violence, threats, intimidation, and coercion or control.
Importantly, the offence only applies to conduct occurring on or after 1 July 2024. Earlier conduct may still be relevant as context where a course of conduct continues past that date, but the offence does not criminalise behaviour that was completed before commencement.
What Does the Prosecution Have to Prove?
This is a pattern-based offence, not a single-incident offence. To secure a conviction, the prosecution must prove that you engaged in repeated abusive behaviours amounting to a “course of conduct”; that those behaviours were directed at a current or former intimate partner; that you intended to coerce or control that partner; and that a reasonable person would consider the conduct likely to cause either a fear that violence would be used, or a serious adverse impact on the partner’s capacity to go about their ordinary day-to-day activities.
A common misconception is that physical violence is required. It is not — no physical assault needs to be proven if the elements of section 54D are otherwise made out. This is why so many people are surprised to find themselves under investigation.
What Are the Penalties for Coercive Control in NSW?
The penalties reflect how seriously Parliament views this conduct. The offence carries a maximum penalty of seven years’ imprisonment under section 54D(1) of the Crimes Act 1900 (NSW).
It is also worth understanding the wider impact of these reforms. Related changes to the Bail Act 2013 (NSW), which commenced at the same time, mean coercive control is now an offence to which the “show cause” requirement applies, making bail harder to obtain in some circumstances.
As always, the penalty in any individual case depends on the circumstances of the offending and the discretion of the court. No two matters are the same.
Your Defence Options
Being accused is not the same as being guilty. The newness of this offence means there are real arguments available to a well-prepared defence team. Section 54E of the Crimes Act 1900 (NSW) provides a defence where the course of conduct was reasonable in all the circumstances, although the way this defence will be applied is still being worked out in the courts.
Beyond that statutory defence, the prosecution faces a real challenge in proving the necessary intention and the pattern of conduct to the criminal standard. We carefully examine whether the alleged behaviour truly amounts to a “course of conduct,” whether the required intent can be established, and whether the evidence has been properly obtained. The availability and strength of any defence always depends on the specific facts, so early advice is essential.
Our team has deep experience defending domestic violence allegations in Sydney, and we don’t miss a trick. You may also find our coverage of the NSW coercive control laws and what to do if you have been wrongfully accused in NSW useful as you consider your next steps.
Act Quickly to Protect Yourself
Coercive control investigations often move fast, and what you say and do in the early stages can have a lasting effect on your case. Acting quickly can make all the difference. The smartest step you can take is to get experienced legal advice before speaking to anyone else about the allegations.
If you have been charged with or are being investigated for coercive control in Sydney or anywhere in New South Wales, contact Hannay Criminal Defence today. Call our Sydney office on (07) 3000 9000 or reach out to our team for a free and confidential initial consultation.
This information is general in nature and should not be relied upon as legal advice. Your circumstances are unique, and you should seek tailored legal advice from an experienced criminal lawyer. Contact Hannay Criminal Defence for advice tailored to your situation.
