Thomas Pringle (Donegal, Independent) | Oireachtas source

I move amendment No. 14:

In page 4, between lines 32 and 33, to insert the following:

“Relationship between defendant and the person against whom the offence was

committed as aggravating factor in sentencing for certain offences 4.Where, in proceedings for an offence under this Act, the court is satisfied that—

(a) the defendant and the person against whom the offence was committed are known to each other, and

(b) in the course of or for the purposes of committing any offence under this Act, the defendant—

(i) made use of personal information, correspondence or records about the other person, being information or records that would, in the ordinary course of events, be

known only to the other person or members of the family, or friends, of the other person, or

(ii) made use of any electronic device or software in order to monitor, observe, listen to or make or view a recording of the other person or his or her movements, activities and communications, without the other person’s knowledge and consent,

the court shall take that fact into account as an aggravating factor in determiningany sentence to be imposed on the defendant for the offence.”.

This amandment comes from engagement with the the National Observatory on Violence against Women and it is to basically ensure that there is consistency with the Domestic Violence Act 2018 and that all offences created by the Bill, and that acts committed by intimate partners or former partners as identified in the Domestic Violence Act are aggravating factors. That is a good practice and these should be taken as aggravating factors, that is, if somebody is the ex-partner of the person against whom the offence is being committed. This is basically just to eshrine that in this Bill.