NEW SOUTH WALES

DEFENDANTS FINALISED

New South Wales Criminal Courts finalised 153,894 defendants in 2015–16, an increase of 7% (10,467) compared with 2014–15. This is compared to an increase of 3% (14,592) in the number of defendants finalised nationally over the same period. (Tables 1 and 15)


Defendants finalised in New South Wales accounted for 26% of defendants finalised in Australian state and territory criminal courts in 2015–16, compared to 24% in 2014–15. New South Wales was the second largest contributor to the national total after Queensland (which accounted for 29%). (Table 2 in the 2015–16 and 2014–15 issues)

In contrast, New South Wales was the largest contributor (accounting for 30%) to the national total number of offenders proceeded against by police in Australia in 2015–16, while Queensland was the second largest contributor (24%). Queensland makes relatively greater use of court actions than any other states and territories across the majority of offence categories. (Tables 6 and 26-31 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 New South Wales in 2015–16 were:

• Traffic and vehicle regulatory offences (40% or 61,024);
• Acts intended to cause injury (19% or 28,618); and
• Illicit drug offences (11% or 16,445). (Table 15)

The largest increases in the number of defendants finalised in 2015–16 occurred for the following principal offences:

• Traffic and vehicle regulatory offences increased by 12% (6,547) since 2014–15, compared to a national increase of 5% (10,898). The increase in defendants finalised for Traffic and vehicle regulatory offences was due to a rise in drug-driving related offences.
• Illicit drug offences increased by 10% (1,489) compared to a national increase of 7% (4,200); and
• Acts intended to cause injury increased by 4% (1,172) compared to a national increase of 3% (1,895). (Tables 1 and 15).

AGE

The number of defendants finalised in New South Wales aged under 25 years increased in 2015–16, with 2% (274) more defendants in the 10-19 year age group and 8% (1,937) more defendants in the 20-24 year age group. (Table 2 in the 2015–16 and 2014–5 issues)


METHOD OF FINALISATION

In 2015–16, 91% (133,944) of defendants finalised in New South Wales were proven guilty, which represented an increase of 9% (11,036) since 2014–15. Over the same period, there were decreases in the number of defendants acquitted (4% or 240) and whose charges were withdrawn by prosecution (7% or 670). (Table 15)

In the Magistrates’ Court, the principal offences with the highest proportion of defendants proven guilty were:

• Traffic and vehicle regulatory offences (96% or 58,626);
• Dangerous or negligent acts endangering persons (91% or 3,741); and
• Public order offences (89% or 4,258). (Table 17)

PRINCIPAL SENTENCE

In 2015–16, 14% (19,278) of defendants proven guilty were sentenced to custodial orders. Of these:

• 63% (12,112) were sentenced to custody in a correctional institution; and
• 30% (5,732) were sentenced to fully suspended sentences. (Table 8)

The number of defendants sentenced to custodial orders increased by 16% (2,670) since 2014–15. This is compared to a national increase of 6% (3,667). (Tables 7 and 15)


INDIGENOUS STATUS

In 2015–16, defendants who identified as Aboriginal and Torres Strait Islander represented 13% (11,064) of all defendants finalised in New South Wales (excluding traffic offences and organisations). (Table 12)

Acts intended to cause injury was the most common principal offence for both Aboriginal and Torres Strait Islander and non-Indigenous defendants, with 38% (4,246) and 33% (21,363) respectively. (Table 12)

Of defendants proven guilty in New South Wales, 27% (2,490) of Aboriginal and Torres Strait Islander defendants received a principal sentence of custody in a correctional institution compared with 15% (7,543) of non-Indigenous defendants. (Table 12)

OTHER KEY POINTS

In 2015–16:

• The proportion of defendants finalised in the Magistrates’ Court was 93% (143,653), Children’s Court was 4% (6,167) and Higher Court was 3% (4,077);
• Nearly four in five (79% or 121,051) defendants finalised were male;
• Defendants were least likely to be female in New South Wales compared with all the other states and territories;
• The median sentence length for defendants sentenced to custody in a correctional institution was 12 months and for those sentenced to community service orders was 120 hours. The median amount given for a fine was $500. (Tables 2, 15, 48d, 49 and 50)