Courts ‘cannot solve domestic violence’

Domestic violence deaths in the Aboriginal community are an “intractable social problem” which is well beyond the scope of criminal law, a Supreme Court judge has commented when sentencing a woman who fatally stabbed her abusive partner while defending herself from an alcohol-fuelled attack.

Sentencing Valincia Mary Byrne to three years jail on Friday, Justice John McKechnie said judges and the criminal law could not resolve the problem of domestic violence but penalties had to act as a general deterrent by sending a message there would be significant consequences for the taking of a life.

“I will be shortly leaving this court after 16 years and during that time I have dealt with many women in your situation, who have been the victim of domestic violence, usually where alcohol is involved, and have gone too far, frequently stabbing to death their partners, as you have done,” Justice McKechnie said.

“It is an intractable social problem that indigenous people in this day and age are diminishing their numbers by actions such as this. The court is not here to resolve those problems.”

Byrne was originally accused of murdering her partner of five years in May last year, but the charge was downgraded to manslaughter after it was accepted the 42-year-old had acted out of excessive self-defence.

“Your relationship was marred by continuing violence and alcohol consumption,” Justice McKechnie said.
“I note the particularly serious incident which occurred about a year before the killing, when he violently attacked you, forcing you to flee naked from your house, seek refuge and eventually be hospitalised.”

Byrne, described as a “work fanatic” and a much-loved family member, was assessed as being at a low risk of further violence and had no previous record for violent offences.

A report to the court said violence began within six months of Byrne’s relationship with her partner.

The pattern involved the consumption of alcohol, him punching her with a fist, Byrne not retaliating, him leaving and then the acceptance of his returning with apologies.

“It’s a pattern that we see in this court all too often and there’s not much point in talking about people having a choice,” Justice McKechnie said. “In one sense, that’s right, but all the complexities of your background seem to mark you out as a person who seeks, unconsciously no doubt, violent partners.

“In one sense, it was happenstance who was going to kill whom in this relationship, but the results to both families have been devastating, to yours and to the deceased’s.”
Byrne will be eligible to be considered for parole after serving half the jail term.