Justin Isaac Benn, 45, was handed a jail sentence by the ACT Supreme Court last week. Photo: Michelle Kroll.
CONTENT WARNING: This article refers to sexual and family violence.
The deputy chair of the Domestic Violence Crisis Service (DVSC) left her role after she gave a character reference for her brother-in-law while he was being sentenced for family violence-related offences.
Former long-time public servant Justin Isaac Benn, 45, was sentenced to a total of three years’ and 10 months’ jail by the ACT Supreme Court last week for offences against his ex-wife, including sexual intercourse without consent.
She has consented to being identifiable in the matter.
The 12 character references submitted for Justin during the sentencing proceedings included one from his sister-in-law, Amanda Benn.
Justice Louise Taylor said in Ms Benn’s reference, she stated she was a high-level Australian public servant as well as the deputy chair of ACT DVCS who was aware of Justin’s charges.
“It was not clear whether Ms Benn’s reference was provided with the imprimatur of DVCS,” the judge said.
DVCS chair Kylie Burnett said the service became aware of the provision of Ms Benn’s character reference on 26 June.
She said actions were taken in accordance with their values and policies and as of 26 June, Ms Benn was no longer a member of the DVCS board.
“DVCS continues to advocate that good character references should not be considered as a mitigating factor in sentencing offenders of domestic, family and sexual violence offences, as they can hinder the pursuit of justice for victims and diminish the gravity of offences committed,” Ms Burnett said.
“The provision and content of the character reference was clearly misaligned with DVCS’ policies and procedures and values as a victim-led service committed to holding perpetrators to account for their choice to use violence.”
In Ms Benn’s character reference, she said Justin was often referred to as a “gentle giant” which had “at times been used against him as he has been an easy target to those who would take advantage of his generosity and caring nature”.
She said his “physical size bears no comparison to his soft soul” and described him as having “consistently demonstrated empathy and caring”.
Ms Benn also expressed her belief that he had the capacity to “positively contribute to society again”.
Justice Taylor said family violence perpetrators regularly did not reveal that aspect of their character to people in their lives who loved and respected them.
“A modern understanding of family violence includes an appreciation that a victim’s experience of a family violence perpetrator can be quite different to the experience of the perpetrator by other people around them,” she said.
At the end of a Supreme Court jury trial last year, Justin was found guilty of sexual intercourse without consent and assault. He then pleaded guilty to a second count of sexual intercourse without consent.
In 2017, he pushed his ex-wife into the door of a dishwashing machine during an argument, leaving her with a cut to her leg.
Later that year, she woke up to find him orally raping her.
Then in 2020, she again woke up to find he had started having sex with her while she was asleep.
The woman told the court about living in a “relentless cycle of fear, violence, and coercive control” perpetrated by Justin and that she felt embarrassment, hopelessness and worthlessness because of his actions.
“The victim captured the major breach of trust involved in the offending and described how this breach occurred when she was at her most vulnerable, being asleep when the offender committed several offences against her,” Justice Taylor said.
“She highlighted the sense of entitlement that the offender demonstrated by engaging in sexual acts with her against her will.”
Justin denied any wrongdoing to the author of a court report and claimed the offending did not take place.
He was convicted and handed a non-parole period of two years’ and five months’ jail, which means he is eligible to be released from November 2026.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
The route is already decided - it just hasn't been publicly admitted. It'll go down Commonwealth… View