South Australian Current Acts South Australian Current Acts34V—Circumstances of family violence
(1) For the purposes
of this Act and any other Act, an offence is committed in, or an event occurs
in, "circumstances of family violence if—
(a) the
offence or event consists of, or includes, the commission of family violence;
or
(b) the
offence is committed, or the event occurs—
(i)
during the commission of family violence; or
(ii)
as a response to the commission of family violence, or a
threat of the commission of family violence in the future (whether implied or
express and whether the commission of the family violence is imminent or
otherwise); or
(c) the
offence is committed, or the event occurs, in any other circumstances
resulting from or related to the commission of family violence.
(2) A court sentencing
a person for an offence committed in circumstances of family violence—
(a)
will, if the trial court made a finding of fact relating to circumstances or
evidence of family violence, be bound by that finding; and
(b) may,
if the trial court has not made such a finding, determine any question
relating to circumstances of family violence—
(i)
by reference to any evidence of family violence adduced
during proceedings related to the offence (whether by the defendant or the
prosecution); or
(ii)
by reference to any evidence of family violence provided
to the sentencing court during sentencing proceedings (whether by the
defendant or the prosecution); or
(iii)
by reference to any statement of agreed facts provided to
the court during proceedings related to the offence or the sentencing
proceedings; or
(iv)
by otherwise informing itself in relation to the
circumstances of family violence in accordance with any rules of court.