Last month marked the first person to be sentenced under Queensland’s new coercive control laws. Among other offences, the defendant was charged with coercive control (see the news article here).
So, what is coercive control and what should you do if find yourself charged with a coercive control offence?
What is coercive control?
Coercive control is a Queensland criminal offence, following the commencement of the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024. The legislation applies to conduct that occurred after the Act commenced on 26 May 2025 (Criminal Code 1899 (Qld), s 762).
The offence captures physical and/or non-physical conduct intended to force the other person to do or refrain from doing something.
Conduct of an adult constitutes an offence of coercive control where (Criminal Code 1899 (Qld), s 334C (1)):
- the person is in a domestic relationship with the other person; and
- the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than 1 occasion; and
- the person intends the course of conduct to coerce or control the other person; and
- the course of conduct would be reasonably likely to cause the other person harm
It is immaterial for an offence of coercive control that:
- the course of conduct actually caused harm to the other person; and
- the other person was aware of the act, in situations where coercive control involved unauthorised surveillance or economic matters
The obligation is on the prosecution to prove the elements of the offending beyond reasonable doubt. However, the prosecution is not required to prove that the person intended each act of domestic violence that constitutes a course of conduct when considered in isolation to coerce or control the other person. Similarly, when considering whether the course of conduct would, in all the circumstances be reasonably likely to cause the other person harm, the behaviour in the context of the relationship as a whole can be considered.
It is a defence to prove the course of conduct alleged to be coercive was reasonable in the context of the whole relationship between the defendant and the other person.
What is the penalty for coercive control?
The maximum penalty for a coercive control offence is fourteen years imprisonment (Criminal Code 1899 (Qld), s 334C (1)). Because there are at present no comparative cases, the Court will look to similar cases involving similar conduct but penalised by different offences.
How can ROG assist?
The team at Robertson O’Gorman is well-placed to assist defendants by providing comprehensive advice on the elements of the offence, scrutinising the prosecution’s evidence regarding the alleged course of conduct, and ensuring that all procedural and substantive legal rights are protected throughout the criminal process.
If you would like specialised advised for yourself or someone close to you, call (07) 3034 0000 to speak with one of our experienced criminal solicitors now. Or if you’re not quite ready, get your free online case appraisal here.