4513.0 - Criminal Courts, Australia, 2017-18

ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 28/02/2019

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Key findings In this issue + Defendants finalised Indigenous status + State and territory profiles Experimental Family and Domestic Violence Statistics Decrease in defendants finalised by the courts (Media Release) About this Release	EXPERIMENTAL FAMILY AND DOMESTIC VIOLENCE STATISTICS INTRODUCTION This chapter presents experimental information^{1, 2} about defendants who were finalised in the Higher, Magistrates’ or Children’s criminal courts (in selected states and territories³) for at least one of the following Family and Domestic Violence (FDV) related offences⁴: Homicide and related offences Acts intended to cause injury Sexual assault and related offences Other dangerous/negligent acts Abduction/harassment Property damage Breach of violence order. Data referred to in this chapter were drawn from the data cube: Defendants of Family and Domestic Violence, Experimental data, Selected states and territories (FDV Tables 1 to 10). KEY FINDINGS During 2017–18, for each selected state and territory: The proportion of FDV defendants finalised⁵, ranged from 33% in Western Australia⁶ to 64% in the Northern Territory. Over 90% of all FDV defendants were finalised in the Magistrates’ Courts. FDV defendants finalised in the Magistrates’ Courts increased in each state and territory, ranging from 1% in New South Wales to 15% in Western Australia. Males accounted for more than four in five FDV defendants, ranging from 81% (21,276) in New South Wales to 86% (3,028) in the Northern Territory. Assault was the most common FDV offence, except in Queensland, where Breach of violence order was the most common (68%, 11,018). A majority of FDV defendants were proven guilty, ranging from 66% in the Australian Capital Territory, to 84% in Western Australia and the Northern Territory. Of those proven guilty, most received a non-custodial order, except in the Northern Territory, where the majority received a sentence of custody in a correctional institution (72%, 2,115). (FDV Tables 1, 2 and 4–10) PROPORTION OF FDV DEFENDANTS FINALISED(a), Selected states and territories, 2017–18 *Footnote(s):* (a) Proportion of all defendants who were finalised for the selected offences in scope of the FDV population (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. FDV DEFENDANTS FINALISED, Magistrates' Courts, Selected states and territories, 2016–17 to 2017–18 Australian Bureau of Statistics © Commonwealth of Australia 2019. NEW SOUTH WALES During 2017–18, there were 26,130 FDV defendants finalised in New South Wales, an increase of one per cent from the previous year. Of these: 93% (24,289) were finalised in the Magistrates’ Courts They were four times more likely to be male than female Their median age was 34 years Their most common offence was Assault (57%, 14,822), followed by Breach of violence order (17%, 4,355) Most were proven guilty (74%, 19,373), and of these the majority were sentenced to a non-custodial order (75%, 14,558). (FDV Tables 1 and 4) FDV DEFENDANTS FINALISED(a), Selected principal FDV offence, New South Wales, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, New South Wales, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. VICTORIA During 2017–18, there were 16,357 FDV defendants finalised in Victoria, of which: 95% (15,528) were finalised in the Magistrates’ Courts There were five times more males than females Their median age was 35 years Their most common offence was Assault (50%, 8,106), followed by Breach of violence order (29%, 4,791) Most were proven guilty (83%, 13,555), and of these the majority were sentenced to a non-custodial order (85%, 11,531). (FDV Tables 1 and 5) FDV DEFENDANTS FINALISED(a), Selected principal FDV offence, Victoria, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Victoria, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. QUEENSLAND During 2017–18, there were 16,112 FDV defendants finalised in Queensland, an increase of 13% (1,873) on the previous year. Of these: 91% (14,737) were finalised in the Magistrates’ Courts There were nearly six times more males than females Their median age was 33 years Their most common offence was Breach of violence order (68%, 11,018), followed by Assault (22%, 3,567) Most were proven guilty (81%, 13,117), and of these the majority were sentenced to a non-custodial order (63%, 8,208). (FDV Tables 1 and 6) FDV DEFENDANTS FINALISED(a), Selected principal FDV offence, Queensland, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Queensland, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. WESTERN AUSTRALIA During 2017–18, there were 5,967 FDV defendants finalised in Western Australia, an increase of 14% (727) on the previous year. Of these: 95% (5,658) were finalised in the Magistrates’ Courts There were five times more males than females Their median age was 33 years Their most common offence was Assault (42%, 2,529), followed by Breach of violence order (41%, 2,421) Most were proven guilty (84%, 5,011), and of these the majority were sentenced to a non-custodial order (80%, 3,988). (FDV Tables 1 and 7) FDV DEFENDANTS FINALISED(a), Selected principal offence, Western Australia, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Western Australia, 2017–18 *Footnote(s): (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c.* Australian Bureau of Statistics © Commonwealth of Australia 2019. TASMANIA During 2017–18, there were 1,574 FDV defendants finalised in Tasmania, of which: 96% (1,507) were finalised in the Magistrates’ Courts There were five times more males than females Their median age was 33 years Their most common offence was Assault (55%, 862), followed by Breach of violence order (38%, 604) Most were proven guilty (72%, 1,136), and of these the majority were sentenced to a non-custodial order (64%, 729). (FDV Tables 1 and 8) FDV DEFENDANTS FINALISED(a), Selected principal offence, Tasmania, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Tasmania, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. NORTHERN TERRITORY During 2017–18, there were 3,526 FDV defendants finalised in the Northern Territory, an increase of 2% on the previous year. Of these: 95% (3,361) were finalised in the Magistrates’ Courts There were six times more males than females Their median age was 33 years Their most common offence was Assault (57%, 2,024), followed by Breach of violence order (35%, 1,233) Most were proven guilty (84%, 2,954), and of these the majority were sentenced to custody in a correctional institution (72%, 2,115). (FDV Tables 1 and 9) FDV DEFENDANTS FINALISED(a), Selected principal offence, Northern Territory, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Northern Territory, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. AUSTRALIAN CAPITAL TERRITORY During 2017–18, there were 814 FDV defendants finalised in the Australian Capital Territory, an increase of 12% (84) from the previous year. Of these: 92% (748) were finalised in the Magistrates’ Courts They were five times more likely to be male than female Their median age was 33 years Their most common offence was Assault (55%, 448), followed by Property damage (19%, 154) Most were proven guilty (66%, 539), and of these the majority were sentenced to a non-custodial order (61%, 331). (FDV Tables 1 and 10) FDV DEFENDANTS FINALISED(a), Selected principal offence, Australian Capital Territory, 2017–18 *Footnote(s):* (a) Differences in how FDV-related offences are identified, charged and prosecuted by police across states and territories can impact the comparability of offence data presented in this publication (see FDV Explanatory Notes). Australian Bureau of Statistics © Commonwealth of Australia 2019. PROPORTION OF FDV DEFENDANTS PROVEN GUILTY, Selected principal sentence, Australian Capital Territory, 2017–18 *Footnote(s):* (a) Includes good behaviour bond/recognisance orders, licence disqualification/suspension/amendment, forfeiture of property orders, nominal penalty and other non-custodial orders n.e.c. Australian Bureau of Statistics © Commonwealth of Australia 2019. Footnotes 1 The FDV data presented is experimental, with further work required to improve the comparability and quality of these data before they can be included in the main suite of the publication. Caution should be exercised when using the data and making comparisons across states and territories. Refer to the FDV Explanatory Notes for more information. 2 For more information on how defendants/offences in each state and territory are identified or classified as ‘FDV’ – including how information recorded by police and transferred to the courts has a bearing on this - refer to the FDV Explanatory Notes. 3 2017–18 FDV data are available for New South Wales, Victoria, Queensland, Western Australia, Tasmania, the Northern Territory and the Australian Capital Territory. 4 FDV offences included in this collection: ANZSOC Divisions 01 Homicide and related offences, 02 Acts intended to cause injury, 03 Sexual assault and related offences and 05 Abduction/harassment; Sub-divisions 049 Other dangerous or negligent acts and 121 Property damage; and Group 1531 Breach of violence order. 5 Refers to the proportion of all finalised defendants (for the selected offences) that had at least one FDV-flagged offence (refer to Explanatory Notes 124–127). 6 FDV Data for Western Australia may be understated due to systems limitations (see Explanatory Note 144). 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