Queensland police charged woman with driving offences while she was fleeing domestic violence – The Guardian

Queensland Court Dismisses Driving Charges Amid Domestic Violence Emergency

Case Overview

A Queensland court has dismissed charges against a woman who was accused of driving offences while fleeing a domestic violence situation with her dog. The Gympie Magistrates Court accepted the unchallenged evidence of the woman, referred to as ESC, who drove while disqualified after her violent partner threatened to kill her dog.

Legal Grounds and Court Findings

ESC successfully defended the charge on the basis of an “extraordinary emergency”. The court acknowledged that a domestic violence protection order had been issued against her former partner, naming her as the “aggrieved” person.

Recognition of Coercive Control and Domestic Violence Patterns

• Magistrate Bevan Hughes identified the threat to kill the dog as “a well-recognised act of coercive control.”
• The court noted an ongoing pattern of domestic violence, including physical violence, property damage, false accusations, and emotional abuse.

Police Arguments and Court’s Response

• Police argued ESC’s demeanor was inconsistent with escaping danger and suggested alternative actions such as calling for help or driving to a police station or nearby location.
• Magistrate Hughes emphasized that ESC’s emotional state was not determinative and that she was not expected to be wiser than an ordinary person in the same emergency.
• The court recognized the need for quick decisions under distress without condemnation for imperfect choices.

Challenges in Reporting Domestic Violence

• ESC had previously attempted to report domestic violence but believed she was not taken seriously due to delayed police response.
• Hughes found this belief “honest and reasonable” given the six-hour delay in police attendance on an earlier complaint.
• The court acknowledged limitations in police resources and variability in response quality.

Reasonableness of ESC’s Actions

• It was deemed unreasonable to expect ESC to drive to an unfamiliar location such as a fertiliser factory.
• ESC was described as an isolated and vulnerable woman seeking refuge from imminent domestic violence.
• Her decision to remove herself and her dog to the nearest place of refuge was considered reasonable and consistent with actions expected of an ordinary person in such circumstances.

Emphasis on Sustainable Development Goals (SDGs)

SDG 3: Good Health and Well-being

This case highlights the importance of ensuring access to safe environments and support services for victims of domestic violence, contributing to mental and physical well-being.

SDG 5: Gender Equality

The court’s recognition of coercive control and domestic violence patterns aligns with efforts to eliminate violence against women and girls, promoting gender equality and empowerment.

SDG 16: Peace, Justice, and Strong Institutions

1. Ensuring justice for victims of domestic violence by acknowledging extraordinary circumstances in legal proceedings.
2. Highlighting the need for responsive and effective law enforcement to protect vulnerable populations.
3. Promoting institutional accountability and improved police training to address domestic violence adequately.

SDG 10: Reduced Inequalities

The case underscores the challenges faced by vulnerable individuals in accessing timely protection and the necessity to reduce inequalities in institutional responses.

Support Resources for Domestic Violence Victims

• Australia: National family violence counselling service – 1800 737 732
• United Kingdom: National domestic abuse helpline – 0808 2000 247; Women’s Aid
• United States: Domestic violence hotline – 1-800-799-SAFE (7233)
• International: Additional helplines available at www.befrienders.org

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 5: Gender Equality – The article highlights issues of domestic violence, coercive control, and protection orders, which directly relate to achieving gender equality and empowering all women and girls.
2. SDG 16: Peace, Justice and Strong Institutions – The article discusses the role of the justice system, police response, and legal protections in addressing domestic violence, which connects to promoting peaceful and inclusive societies, access to justice, and effective institutions.
3. SDG 3: Good Health and Well-being – The article touches on the physical and emotional harm caused by domestic violence, linking to ensuring healthy lives and promoting well-being for all at all ages.

2. Specific Targets Under Those SDGs Identified

1. SDG 5 Targets:
   • 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including trafficking and sexual and other types of exploitation.
   • 5.3: Eliminate all harmful practices, such as coercive control and domestic violence.
2. SDG 16 Targets:
   • 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • 16.6: Develop effective, accountable and transparent institutions at all levels.
3. SDG 3 Targets:
   • 3.4: Reduce by one third premature mortality from non-communicable diseases and promote mental health and well-being.
   • 3.7: Ensure universal access to sexual and reproductive health-care services, including for victims of violence.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators related to SDG 5:
   • 5.2.1: Proportion of women and girls subjected to physical, sexual or psychological violence by a current or former intimate partner in the previous 12 months.
   • 5.2.2: Proportion of women and girls subjected to sexual violence by persons other than an intimate partner.
2. Indicators related to SDG 16:
   • 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services (including police response).
3. Indicators related to SDG 3:
   • 3.4.2: Suicide mortality rate (as an indicator of mental health impact of violence).
   • 3.7.2: Adolescent birth rate (related to reproductive health services access, indirectly connected to violence prevention).

4. Table of SDGs, Targets and Indicators

Source: theguardian.com