In February 2026, a NSW court handed down the first full-time jail sentence under the state’s coercive control offence. This is what the new law was written for, and it tells us a lot about how these cases will be prosecuted and defended.
Callum Fairleigh was sentenced to two years’ imprisonment, with a non-parole period of 15 months, after a six-year relationship marked by isolation, enforced curfews, and controlling, degrading behaviour towards his former partner. No assault charge was involved; the conduct itself was the offence.
What the Coercive Control Offence Actually Punishes
Section 54D of the Crimes Act 1900 (NSW) criminalises a course of abusive conduct towards a current or former intimate partner intended to coerce or control them. It carries a maximum penalty of seven years’ imprisonment.
That’s exactly what Police v Fairleigh tested, and the court’s answer was clear: a purely psychological pattern of control, proved over time, can justify a full-time custodial sentence, not just a good behaviour bond or a suspended sentence.
Why This Case Matters
Since the offence commenced, the real uncertainty hasn’t been whether coercive control is a crime. It’s been how seriously courts would actually treat it without a physical assault sitting alongside the charge. Fairleigh answers that question with a real number: a sentence of imprisonment, not a lesser order.
This signals that courts are willing to treat a sustained pattern of non-physical control as seriously as they’d treat other domestic violence offences, and prosecutors now have a precedent to point to when arguing for a custodial outcome. For someone who has experienced this kind of behaviour, it signals that the law can genuinely respond to abuse of this kind.
What This Means for You
If you’re facing a coercive control charge, the elements the prosecution has to prove (a course of conduct, over time, intended to coerce or control) matter enormously, and how that pattern is characterised in evidence can be the difference between a conviction and a defended outcome. If you’ve experienced this kind of behaviour from a current or former partner, you don’t need to have been physically hurt for the law to apply to what happened to you.
How O’Brien Criminal & Civil Solicitors Can Help
If you’ve experienced coercive control and are considering an AVO or reporting it to police, our team can guide you through that process and what protections are available.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
