SENTENCE OUTCOMES

The following information relates to sentence outcomes for defendants heard in the Children's Courts. Sentence refers to the principal sentence a defendant received (refer to Explanatory Notes paragraphs 46-48 for further information).


Custodial orders

Of the defendants convicted in the Children's Courts in 2007-08, 2,616 (9%) were sentenced to custodial orders. Defendants ordered to serve time in a correctional institution comprised 6% of all sentence outcomes, those issued with fully suspended sentences accounted for 2%, while defendants sentenced to custody in the community accounted for 1%.

One third (33% or 432) of defendants convicted of robbery and extortion were issued with custodial orders. Other offences with relatively high proportions of custodial sentences were sexual assault (29% or 87), unlawful entry with intent (18% or 701) and acts intended to cause injury (17% or 787). The majority of these defendants were sentenced to custody in a correctional institution.

Custodial orders were issued to 10% of convicted male defendants and 3% of female defendants.

Defendants aged 19 years and over at the time of finalisation were the most likely to receive a sentence of custody in a correctional institution (8% or 62). This was similar for this age group in 2006-07 (9%). Those aged 10-12 years were the least likely (1% or 10) to receive a sentence of custody in a correctional institution. During 2006-07, 3% of 10-12 year old defendants received this sentence outcome.

Convicted defendants in the Northern Territory were the most likely of any state or territory to be sentenced to custodial orders (23% or 116), followed by Tasmania (16% or 137) and New South Wales (14% or 1,010). Victoria, Queensland and Western Australia were the least likely to sentence convicted defendants to custodial orders (6% each).


Non-custodial orders

During 2007-08, 28,074 (91%) defendants convicted in the Children's Courts were sentenced to non-custodial orders. Defendants who had monetary orders imposed comprised 29% of all sentence outcomes, those with community supervision or work orders accounted for 24%, while those with good behaviour bonds comprised 20%. In 2006-07, monetary orders comprised 36% of all sentence outcomes, community supervision or work orders 22%, and good behaviour bonds 19%.

Monetary orders were more likely to be issued for defendants convicted of deception or dangerous or negligent acts (86% and 71% respectively), than other sentences. Community supervision or work orders were the most common sentences for defendants convicted of unlawful entry with intent (48%), and acts intended to cause injury (34%).

In 2007-08, 56% (4,126) of convicted defendants in Victoria were sentenced with a monetary order, though this was largely due to the high number of fare evasions. Close to half (49%) of all sentences issued to convicted defendants in South Australia were monetary orders. Community supervision or work orders were the most prevalent sentences in Queensland (44%), the Australian Capital Territory (37%) and Tasmania (25%), while good behaviour bonds were most common in the Northern Territory (33%) and New South Wales (27%).

Of the 24,042 convicted male defendants, nearly a third (27%) received a monetary order, while a quarter (25%) received a community supervision or work order. Convicted female defendants were more likely than males to receive a monetary order (36% compared with 27%).

The proportion of convicted defendants receiving community supervision or work orders generally decreased with age, from 43% of 13 year old defendants to 11% of those aged 18 years or more. Older defendants were more likely to be sentenced to monetary orders; 54% of those aged 18 years and over received this order compared to 2% of 13 year olds.

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