DEFENDANTS PROVEN GUILTY

This chapter presents information about defendants proven guilty in the criminal jurisdictions of the Higher (Supreme and Intermediate), Magistrates' and Children's Courts across Australia for the period 1 July 2014 to 30 June 2015. All Courts data refer to the grouping of the Higher Courts, Magistrates' Courts and Children's Courts.

There were 511,773 defendants who were proven guilty within Australian state and territory criminal courts in 2014–15. This represented 87% of all defendants finalised nationally over the same period. (Table 1)


Across the states and territories, the largest proportion of defendants proven guilty was recorded in Western Australia with 92% (81,022) of defendants finalised, followed by Queensland where nine out of ten defendants finalised were proven guilty (90% or 155,389 defendants). (Table 2)


The lowest proportion proven guilty was recorded in the Australian Capital Territory where 65% (3,570) of defendants finalised were proven guilty. The Australian Capital Territory (26%) had the highest proportion of defendants whose charges were withdrawn by the prosecution in comparison to the other states and territories (8% nationally). This jurisdiction also had the highest proportion of defendants finalised with a principal offence of Traffic and vehicle regulatory offences (60% of finalised defendants compared with 35% nationally). Defendants finalised for this offence are more likely to have had their charges withdrawn than most other offences. (Tables 2 and 3)

COURT LEVEL

In 2014–15:

• 88% (477,368) of defendants finalised in the Magistrates’ Courts were proven guilty;
• Four out of five (80% or 22,185) defendants finalised in the Children’s Courts were proven guilty; and
• Four out of five (80% or 12,230) defendants finalised in the Higher Courts were proven guilty. (Table 1)

DURATION FROM INITIATION TO FINALISATION

The median duration (between the date of initiation and finalisation) amongst defendants proven guilty increased by 1 week nationally, from 5 weeks in 2013–14 to 6 weeks in 2014–15.

Across the court levels the shortest median duration amongst defendants proven guilty was recorded in the Magistrates’ Courts (5 weeks) while the longest was in the Higher Courts (29 weeks). (Table 6)

The median duration amongst defendants proven guilty also varied by principal offence:

• Defendants proven guilty for Homicide and related offences had the longest median duration, at 43 weeks; followed by
• Defendants proven guilty for Sexual assault and related offences (28 weeks); whilst
• Defendants proven guilty for Public order offences had the lowest median duration, at 3 weeks. (Table 10)

SEX AND AGE

In 2014–15, around three-quarters (76% or 390,184) of defendants proven guilty in Australian state and territory criminal courts were male while less than one-quarter (23% or 115,315) were female. The remaining 1% were organisations (4,210 defendants). (Table 6)

The proportion of male and female defendants who were proven guilty within their respective populations were similar, irrespective of sex, with 88% of female defendants proven guilty in 2014–15 compared with 87% of male defendants. (Table 3)

The median age of defendants proven guilty in 2014–15 was 31 years of age, an increase of 1 year compared with 2013–14. (Table 6)

PRINCIPAL OFFENCE

In 2014–15, the most common principal offences amongst defendants proven guilty were:

• Traffic and vehicle regulatory offences (38% or 192,383) including Regulatory driving offences (21% or 106,513) which comprises offences such as exceeding the prescribed content of alcohol or other substance limit, exceeding the legal speed limit and parking offences;
• Illicit drug offences (10% or 52,561) including Possess and/or use illicit drug offences (6% or 32,712); and
• Acts intended to cause injury (10% or 51,497) most notably Assault offences (9% or 47,671). (Table 6)

PRINCIPAL SENTENCE

Of the 511,773 defendants who were proven guilty across Australian state and territory criminal courts in 2014–15:

• 88% (452,632) were sentenced to a non-custodial order, which were primarily monetary orders (63% or 323,664); and
• 12% (59,147) were sentenced to a custodial order, including 7% (37,009) who were sentenced to custody in a correctional institution. (Table 6)

The Northern Territory had the highest proportion of defendants sentenced to custody in a correctional institution (33% or 3,812) in 2014-15, while Western Australia had the highest proportion of defendants sentenced to a monetary order over the same period (83% or 67,637). (Table 7)

Of the 37,009 defendants proven guilty and sentenced to custody in a correctional institution in 2014-15:

• 89% (32,880) were male;
• Almost one-fifth (19%) were aged between 25 and 29 years (7,061);
• 29% (10,843) had a principal offence of Acts intended to cause injury; and
• One in ten (10% or 3,810) had a principal offence of Illicit drug offences. (Tables 8 and 9)

Of the 323,664 defendants proven guilty and sentenced to a monetary order in 2014-15:

• Three out of four were male (75% or 243,711);
• Almost one-fifth (19%) were aged between 20 and 24 years (60,403);
• Almost half (48% or 156,236) had a principal offence of Traffic and vehicle regulatory offences; and
• One in ten (10% or 30,978) had a principal offence of Illicit drug offences. (Tables 8 and 9)