HIGHER COURTS

This section presents information about defendants finalised in the criminal jurisdiction of the Higher Courts which refers to the grouping of the Intermediate (District or County Court) and Supreme Court levels which are presided over by a judge and have jurisdiction to deal with trial and sentencing matters relating to serious indictable offences. For more information see Explanatory Notes paragraphs 11–13.

Defendants finalised

In 2016–17, there were 17,622 defendants finalised in the Higher Courts, accounting for 3% of all defendants finalised nationally. (Table 1)

FIGURE 2: NUMBER OF DEFENDANTS FINALISED, Higher Courts, Method of finalisation, Principal sentence, 2016–17



The number of defendants finalised in the Higher Courts increased by 10% (1,651), up from 15,971 defendants finalised in 2015–16, to reach the highest number recorded since the series began in 2008–09. (Table 1)


Summary characteristics

In 2016–17, four out of five (81% or 14,246) defendants who were finalised in the Higher Courts were proven guilty. (Table 1)

Around one in ten (11% or 2,001) defendants finalised in the Higher Courts had their matter(s) withdrawn by the prosecution. (Table 4)

Nationally, males accounted for 86% (15,178) of all defendants finalised in the Higher Courts. This proportion was similar across all states and territories ranging from 84% in Queensland and Tasmania, to 92% in the Australian Capital Territory. (Tables 1 and 2)

Over a third (37% or 6,436) of all defendants finalised in the Higher Courts were aged between 20 and 29 years. This group comprised the largest proportion of defendants finalised across all offences, with the exception of Fraud, deception and related offences where those aged 55 years and over accounted for the highest proportion (18% or 85 defendants). (Table 5)


Principal offence and sentence type

In 2016–17, the increase in the number of defendants finalised in the Higher Courts occurred across a number offence types including:

• Prohibited and regulated weapons and explosive offences (21% or 60);
• Illicit drug offences (20% or 866); and
• Sexual assault and related offences (11% or 342).

The number of defendants finalised for all three of these offences reached their highest levels since the series began in 2008–09. (Table 1)

Over two-thirds of the 15,178 male defendants finalised in the Higher Courts had a principal offence of:

• Illicit drug offences (28% or 4,192 male defendants);
• Sexual assault and related offences (22% or 3,274 male defendants); or
• Acts intended to cause injury (18% or 2,748 male defendants). (Table 4)

Around two-thirds of the 2,382 female defendants finalised in the Higher Courts had a principal offence of:

• Illicit drug offences (40% or 945 female defendants);
• Acts intended to cause injury (18% or 437 female defendants); or
• Robbery, extortion and related offences (8% or 191 female defendants). (Table 4)

In the Higher Courts, 89% (12,607 defendants) of defendants who were proven guilty in 2016–17 were sentenced to a custodial order, most commonly (79% or 9,904) custody in a correctional institution. (Table 7)


Of those sentenced to custody in correctional institution:

• Nine out of ten (8,802) defendants were male;
• The most common principal offence was Illicit drug offences (30% or 3,003 defendants); and
• The median sentence length (excluding life and indeterminate) was 30 months. (Tables 9, 10 and 56)