SOUTH AUSTRALIA

DEFENDANTS FINALISED

South Australian Criminal Courts finalised 40,173 defendants in 2015–16, a decrease of 8% (3,409) compared with 2014–15. In contrast, the number of defendants finalised nationally increased by 3% (14,592) over the same period. (Tables 1 and 27)


Decreases since 2013–14 in the number of defendants finalised in South Australia were due to the transfer of responsibility of the collection and enforcement of fines from the Courts Administration Authority to the new Fines Enforcement and Recovery Unit managed by the South Australian Attorney-General’s Department. The establishment of this unit has most notably impacted on the number of defendants finalised for Traffic and vehicle regulatory offences which decreased by 17% (2,501 defendants) in 2014–15 and a further 17% (2,050 defendants) in 2015–16. For more information refer to the Explanatory Notes paragraph 86.


Defendants finalised in South Australia accounted for 7% of defendants finalised in Australian state and territory criminal courts in 2015–16. (Table 2)

South Australia accounted for 12% of offenders proceeded against by police in Australia in 2015–16. (Table 6 in the 2015–16 issue of Recorded Crime – Offenders, Australia (cat. no. 4519.0))

PRINCIPAL OFFENCE

The three most common principal offences for defendants finalised in South Australia in 2015–16 were:

• Traffic and vehicle regulatory offences (25% or 10,042);
• Acts intended to cause injury (16% or 6,495); and
• Dangerous or negligent acts endangering persons (10% or 3,847). (Table 27)

Acts intended to cause injury and Abduction, harassment and other offences were the only two offence types to increase. (Table 27)

COURT LEVEL

Of the 40,173 defendants finalised in South Australia in 2015–16:

• 91% (36,399) were finalised in the Magistrates’ Court;
• 5% (2,091) were finalised in the Children’s Court; and
• 4% (1,687) were finalised in the Higher Court. (Table 27)

In 2015–16, the number of defendants finalised in the Magistrates’ Court decreased by 8% (2,999). The number of defendants finalised in the Children’s Court decreased by 15% (381), compared to a national decrease of 3% (900). (Tables 1 and 27)

PRINCIPAL SENTENCE

During 2015–16 in South Australia, just over four in five (81% or 23,690) defendants proven guilty received a non-custodial order as their principal sentence while just under one in five (19% or 5,471) received a custodial order. (Table 27)

Monetary orders were the most common principal sentence given to defendants proven guilty in the Magistrates’ Courts, accounting for 59% (15,892) of defendants finalised in that court level. (Table 29)


SENTENCE LENGTH AND FINE AMOUNT

In 2015–16, the median amount given to defendants sentenced to a fine in South Australia was stable at $865. (Table 50)

Median sentence length was:

• 5 months for defendants sentenced to Custody in a correctional institution, a decrease of one month from 2014–15; and
• 60 hours for defendants sentenced to Community service orders, remaining unchanged compared with 2014–15. (Tables 48d and 49 in the 2015–16 issue; Tables 47d and 48 in the 2014–15 issue)

INDIGENOUS STATUS

In 2015–16, defendants who identified as Aboriginal and Torres Strait Islander represented 18% (4,731) of all defendants finalised (excluding traffic offences and organisations).

The most common principal offences for Aboriginal and Torres Strait Islander defendants were:

• Acts intended to cause serious injury (32% or 1,511);
• Public order offences (18% or 827); and
• Theft and related offences (12% or 568). (Table 12)

In 2015–16, 17% (553) of Aboriginal and Torres Strait Islander defendants proven guilty were sentenced to Custody in a correctional institution in South Australia, compared with 10% (1,184) of non-Indigenous defendants. (Table 12)

OTHER KEY POINTS

In 2015–16:

• Almost eight in ten (79%) of defendants finalised were male and 21% of defendants finalised were female. Organisations accounted for less than 1%; and
• 73% (29,164) of defendants finalised were proven guilty. One in five (20% or 8,176) defendants had their cases withdrawn while 1% (281) of defendants were acquitted. (Table 27)