World First: Social Impact Statement Presented in SA Domestic Violence Case

Tuesday 20 January 2015 @ 2.04 p.m. | Crime | Legal Research

In what appears to be a world first, a man who murdered his partner in a domestic violence incident in South Australia has been presented with the social impact of his crime on the community.

Background to the Case

 In May 2013, Michael Suve McDonald beat to death Lana Towers, his partner of eight years and the mother of their two children. Ms Towers was hit about 50 times in what the prosecution described as a "relentless and prolonged" attack (referred to as the Towers Case).

However, as part of the sentencing of the offender, the South Australia's Victims of Crime Commissioner, Michael O'Connell presented a social impact statement to the Supreme Court, highlighting the economic impact of domestic violence  "to illustrate that domestic violence is a complex social issue that has serious ramifications for the broader community".

What is the role of a Victim Impact Statement?

In South Australia, as in most other jurisdictions in Australia, a person who has suffered injury or loss due to a crime can provide a victim impact statement to the sentencing court. Information on the effects of a crime can be taken into account when considering the sentencing of the convicted person. These statements communicate individual loss and anger, but not the wider social effects of offending.

South Australia was the first State to introduce Victim Impact Statements in 1989 through the Criminal Law (Sentencing) Act 1989 and they continue to innovate with the first use of the Social Impact Statement in the Towers Case.

What is a Community Impact Statement?

In 2010, South Australia became the first state to allow the Commissioner for Victims’ Rights to provide a sentencing court with a community impact statement. This is intended to give the community a “voice” within the process and inform the court of the impact of particular types of offending on the community.

The impact statements can take the form of either a “neighbourhood impact statement” or a “social impact statement”.

A neighbourhood impact statement provides information on the effect of the offence on people living or working in the area in which the offending occurred. A social impact statement provides information on the effect of a particular type of offence on the community generally. For example, in a drug manufacture case experts could provide information about the harmful effects of drug use.

The Social Impact Statement in the Towers Case

The social impact statement at the offender's sentencing hearing listed the direct costs of domestic violence to the community through health care, victim services and compensation, housing and temporary accommodation, child protection, violence prevention, perpetrator treatment and the criminal justice system. It also outlined the indirect costs of reductions in household income, social and labour market participation of women, and economic growth:

Mr O'Connell stated:

"Violence in all its forms is unacceptable, but to be violated and abused by a person in whom you place your love and trust is intolerable and the ultimate betrayal...The emotional, physical and personal cost of domestic violence to victims and their families is enormous, often lifelong and largely beyond measure."

The sentencing judge referred to the social impact statement. He called domestic violence a “terrible stain on Australian society” that results in an average of one woman’s death each week and turns the home of many women and children into a “prison” ruled by violence and intimidation. Noting the burden domestic violence places on victims, households and society, the judge quoted recent High Court authority in the case of Munda v Western Australia [2013] HCA 38 that:

"A just sentence must accord due recognition to the human dignity of the victim of domestic violence and to the legitimate interest of the general community in the denunciation and punishment of a brutal, alcohol-fuelled destruction of a woman by her partner."

Outside court, Mr O'Connell said the court was in a prime position to "demonstrate leadership" in tackling domestic violence:

"This case was important for two reasons, one is the nature of the crime perpetrated against Ms Towers...The second is that my statement was not going to affect the ultimate sentence and that meant that I could focus on the harm that had been done and the costs that the community were going to incur."

Mr O'Connell said it was the first time a social impact statement of this nature had been made in SA:

"Indeed, this piece of legislation is unique to the world and so it's the first time that I'm aware of that such a statement has been made in the world."

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Related Articles: