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Book Review

Sentencing in the Context of Domestic Violence:
A Review of the Literature and Analysis of Disposition Data

by Janet Palmer

Published by the BC Institute Against Family Violence, Vancouver, BC
Copyright 1999 ISBN #1-895553-35-0
coil-bound, 30 pps. $10

In addition to providing an analysis of general sentencing principles in the context of family assaults, Janet Palmer’s report provides insight into specific sentencing outcomes through analysis of 1997 Vancouver Provincial Court data.

The report discusses sentencing philosophies such as denunciation, deterrence and rehabilitation, as well as the effect of Criminal Code amendments relating to sentencing in the context of family violence. The author summarizes the results of studies that examine the effect of arrest and prosecution on recidivism and the effectiveness of assaultive men’s treatment programs. She analyzes the contradictory nature of the new principles of sentencing set out in section 718 of the Criminal Code. And she reviews studies indicating that sentences in family violence cases are not necessarily in proportion to sentences in situations that involve strangers. Finally she discusses conditional sentences in relation to the requirement that the judge be satisfied as to community safety. She points out the reluctance of the judges to use spousal assault risk assessment tools such as the tool developed by the Institute.

Ms. Palmer’s analysis of sentencing data for family assaults in Vancouver Provincial Court for 1997 provides interesting insights. 60% of the cases were common assaults, 38.7% were assaults with a weapon, and 1.1% were aggravated assaults. 76 of 354 cases resulted in stays and 12 cases resulted in acquittals. Of the cases that reached sentencing, 77% resulted in probation orders and 20% resulted in jail terms, with an average length of 77 days. 3% resulted in fines and 6% resulted in conditional sentences. 8% resulted in firearms prohibitions. Only one case resulted in a restitution order. She points out that it would be valuable to have access to similar data in other jurisdictions for purposes of comparison.

Ms. Palmer also discusses issues relating to firearms prohibitions, the use of victim impact statements and the experience with specialized family violence courts. Overall this publication provides valuable insights into issues relating to sentencing principles and practices in family assault cases.

–Penny Bain