A man’s been imprisoned for family violence offences against his stepson and step-grandson. Photo: Albert McKnight.
CONTENT WARNING: This article refers to family and sexual violence.
A man’s been handed a backdated sentence of two years imprisonment for family violence offences “designed to humiliate and hurt” his 14-year-old step-grandson, and for crimes against his stepson.
The offender, who was sentenced by the ACT Supreme Court under a pseudonym, was found guilty in August of three family violence-related offences stemming from the evening of 1 April 2024. Acting Justice Peter Berman also convicted him of a fourth, transferred offence from the same night.
Acting Justice Berman outlined in his sentencing decision that the man had suffered a “significant heart attack” in the lead up to the incident, and had come to the belief his wife had stolen a “considerable amount of money” from him.
“But that does not explain, much less excuse, his offending, which involved two offences committed against his stepson, and two offences committed against his step-grandson,” he said.
On the night, the “clearly drunk” man exposed his penis to his step-grandson and later slapped him in the face. He also exposed himself to his stepson and choked him.
Acting Justice Berman noted that while the exposure to his 14-year-old step-grandson didn’t appear to have been done for sexual gratification, it had been done “merely for the purpose of humiliating his step-grandson and demonstrating the offender’s power over him.”
“Many sexual offences are the product of a desire to control and humiliate someone by exercising and demonstrating power over them,” he said.
Acting Justice Berman said the slap wasn’t minor either, and was unprovoked.
“This was an offence designed to humiliate and hurt a 14-year-old boy who was entitled to look to his ‘grandpop’ to protect him from harm,” he said.
“The offender’s actions were entirely gratuitous.”
The choking of his stepson also appeared to be an attempt to “exercise his dominance”.
“Offences such as this are an all-too-common form of domestic violence, capable of causing significant harm,” Acting Justice Berman said.
The man had a history of threats of violence and had been “intoxicated to a significant degree” on the night of his offences.
Acting Justice Berman noted that while there was often a link between intoxication and family violence, this wasn’t an excuse.
“Offenders who commit such offences after self-induced intoxication cannot expect leniency,” he said.
“It is no excuse that the offender was very drunk when he committed these offences.”
There’s no evidence that the man has ever expressed remorse for what he has done or that he regrets his crimes.
The man’s legal counsel submitted there was “little chance” her client would commit any offences against his wife or any member of her family in the future, given the relationship had broken down.
Acting Justice Berman rejected this submission, stating there was a need for both personal and community deterrence when handing down his sentence.
“There is nothing before me to suggest that if the offender found himself in an angry, resentful mood in the future, he would not act in a similar way,” he said.
Acting Justice Berman noted that while sentences for imprisonment for aggravated common assault (referring to the slap) were not common, in this case, it was needed.
The man was sentenced to a total prison sentence of two years, backdated to when he was first arrested, meaning he’ll be released by 31 March 2026.
His non-parole period of 18 months expired on 30 September, meaning he’s now eligible to apply for release.
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.
Layers and layers of repeated demonstrations of incompetence……. But let’s keep voting them in… View