By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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In November 2025, the New South Wales government passed legislation that imposes a mandatory minimum non-parole period of 25 years in cases of intimate partner homicide. This page outlines the new sentencing laws and why they were introduced, examining the broader implications for domestic violence legislation and criminal justice in NSW.
These legislative changes represent a significant shift in how the NSW criminal justice system addresses domestic violence homicides, reflecting growing community concern about the prevalence of intimate partner violence and the adequacy of existing sentencing frameworks.
Legislation
The Crimes Legislation Amendment (Domestic Violence and Sexual Offences) Bill 2025 made changes to the Crimes Act 1900, the Crimes (Domestic and Personal Violence) Act 2007, and the Crimes (Sentencing Procedure) Act 1999.
Key Legislative Framework
The amendments specifically target sections within the Crimes (Sentencing Procedure) Act 1999, establishing new mandatory minimum sentencing provisions for intimate partner homicides. These changes work in conjunction with existing provisions under the Crimes Act 1900 (NSW) that define murder and manslaughter offences.
The legislation also strengthens the Crimes (Domestic and Personal Violence) Act 2007 by enhancing penalties for breaching apprehended domestic violence orders and improving protective measures for victims of domestic violence.
Increase in mandatory penalty
Under Part 4 of the Crimes Act 1999, the minimum non-parole period for a person found guilty of murder, where the victim is an intimate partner, is 25 years. A court may impose a non-parole period of less than 25 years but must give written reasons for doing so.
Prior to the change, the minimum non-parole period for an intimate partner murder was 20 years. This was the same as the minimum non-parole period that applied for all other murders, with the exception of a murder where the victim is a child under 18 or a public official acting in the course of their duties.
The increase in the minimum expected penalty for intimate partner homicide is intended to reflect the unique harm caused by this type of offending, and to bring it into line with other categories of homicide that are viewed as exceptionally serious.
Definition of Intimate Partner
Under the amended legislation, an intimate partner includes current or former spouses, de facto partners, boyfriends or girlfriends, and persons in dating relationships. The definition extends to relationships regardless of gender and includes both heterosexual and same-sex relationships, ensuring comprehensive coverage of all intimate partner arrangements.
Judicial Discretion and Exceptional Circumstances
While the 25-year minimum non-parole period is mandatory, courts retain discretion to impose lesser sentences in exceptional circumstances. However, judges must provide detailed written justification for any departure from the minimum penalty, ensuring transparency and accountability in sentencing decisions.
Reasons for the change
The increase in the minimum non-parole period for intimate partner homicide was introduced to bring sentencing practices into line with community expectations and address the alarming statistics surrounding domestic violence in NSW.
It follows an increase in the number of intimate partner homicides in New South Wales, and pressure for sentencing laws to reflect the impact on families and the broader community of this type of offending, and the reality that it is gender-based, with the vast majority of victims being women.
The change also follows the advocacy of Tabitha Acret, whose daughter Mackenzie Anderson was murdered by an intimate partner in 2022. The offender in that case received a sentence of 22.5 years of imprisonment, with a non-parole period of 18 years. Ms Acret subsequently campaigned for harsher sentencing for domestic violence offenders, including delivering a petition with more than 30,000 signatures to the New South Wales parliament.
Statistical Context
Research indicates that intimate partner homicides account for a significant proportion of homicides in NSW, with domestic violence-related deaths showing concerning trends. The legislative changes respond to evidence that traditional sentencing approaches may not adequately reflect the severity and impact of these crimes on victims, families, and communities.
Other changes
The amending legislation also introduced other changes aimed at toughening the state's domestic and family violence laws.
Increased penalties were introduced for breaches of domestic violence orders where the offence involves an intention to cause harm or fear. These enhanced penalties recognize that breaches of protection orders often escalate to more serious violence.
The Bail Act was also amended so that courts must impose electronic monitoring conditions when granting bail to an alleged serious family violence offender. This measure aims to improve victim safety and reduce the risk of further violence while matters proceed through the courts.
Enhanced Protection Measures
Additional provisions strengthen the enforcement of apprehended domestic violence orders (ADVOs) and improve victim safety measures. Courts now have expanded powers to impose stricter conditions on alleged domestic violence offenders, including mandatory participation in intervention programs and enhanced reporting requirements.
Impact on Criminal Defense Practice
The new mandatory minimum penalties significantly impact how criminal lawyers approach intimate partner homicide cases. Defense strategies must now account for the heightened penalty framework and the limited circumstances in which courts may depart from the 25-year minimum.
Plea Negotiations and Case Strategy
Legal practitioners must carefully consider the implications of these changes when advising clients charged with intimate partner homicide. The increased penalties may influence plea negotiations and require more thorough preparation of mitigation evidence to demonstrate exceptional circumstances.
Appeals and Sentencing Challenges
The legislation creates new grounds for challenging sentences that fail to adequately consider the mandatory minimums. Conversely, it may limit traditional sentencing discretion, requiring courts to balance individual circumstances against legislative imperatives for deterrence and community protection.
Broader Criminal Justice Implications
These legislative changes reflect a broader shift toward mandatory minimum sentencing in NSW criminal law, particularly for serious violent offences. The intimate partner homicide provisions align with existing mandatory minimums for other serious crimes while recognizing the unique characteristics of domestic violence.
Community Safety and Deterrence
The enhanced penalties aim to provide both specific and general deterrence, sending a clear message about community values and the consequences of intimate partner violence. The legislation seeks to balance punishment, deterrence, and victim recognition within the criminal justice framework.
Frequently Asked Questions
What constitutes an intimate partner under the new legislation?
An intimate partner includes current or former spouses, de facto partners, dating partners, and individuals in romantic relationships regardless of gender or the duration of the relationship. The definition encompasses both cohabiting and non-cohabiting relationships where there was an intimate personal relationship.
Can courts impose sentences less than 25 years for intimate partner homicide?
Yes, courts retain discretion to impose non-parole periods of less
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