SENTENCE OUTCOMES

The following information relates to sentence outcomes for defendants heard in the Magistrates' Courts. Sentence refers to the principal sentence a defendant received which is usually, though not necessarily, the sentence associated with the principal offence. See Explanatory Notes paragraphs 46-48 for further information.

Differences in sentencing are a result of the offence the defendant was convicted of, as well as a range of aggravating and mitigating factors taken into account by the court, such as prior convictions, level of violence, whether the offender was provoked, and demonstrations of remorse.


Custodial orders

The most serious penalties issued for charges proven in the Magistrates' Courts are custodial sentences. In 2008-09, 9% (47,681) of convicted defendants had custodial orders imposed: 4% sentenced to custody in a correctional institution; 4% given fully suspended sentences; and 1% sentenced to custody in the community.

Defendants convicted of acts intended to cause injury accounted for 29% of all defendants given custodial sentences, followed by defendants convicted of traffic offences (15%). Defendants convicted of theft accounted for 11% of custodial sentences.

Of all traffic offences, driving licence offences had the largest proportion of defendants sentenced to custodial orders (8% or 7,019), followed by exceeding the alcohol limit (5% or 4,018).

The types of custodial orders issued varied across principal offences. Custody in a correctional institution was the most common principal sentence for those convicted of robbery and extortion offences (36%), followed by unlawful entry with intent (31%). Sexual assault offences and robbery and extortion were the principal offences for which fully suspended sentences were most commonly ordered (18% and 16% respectively).

The proportion of male defendants who received a custodial sentence was double that of women (10% and 5% respectively). The higher proportion of custodial sentences for males was consistent across all principal offences. Custodial orders were issued to just under half (49%) of males proven guilty of unlawful entry with intent, while the same sentence was handed to 38% of females convicted of this offence. Custodial orders were also issued to 31% of males proven guilty of acts intended to cause injury. In contrast, 16% of females convicted of this offence were issued with custodial orders.

Non-custodial orders

The majority of convicted defendants (91% or 504,045) were given non-custodial sentences, such as community supervision or work orders, monetary orders, or good behaviour bonds. The proportion was the same as that in 2007-08.

The most common non-custodial sentence was a monetary order, with nearly three-quarters (71% or 392,664) of defendants proven guilty receiving this sentence.

Monetary orders were the most common sentence issued to defendants convicted of traffic offences and dangerous or negligent acts endangering persons (84% and 78% respectively).

Community supervision or work orders were the most common non-custodial sentence for those convicted of unlawful entry with intent (21%), and robbery and extortion offences (17%).

Of those who received good behaviour bonds (9% or 48,436): 22% had a principal offence of traffic offences; 21% a principal offence of acts intended to cause injury; and 12% a principal offence of illicit drugs.

There were some differences across age groups in the types of non-custodial orders issued. Convicted defendants aged under 25 years had a higher proportion of defendants issued with community supervision/work orders (5% of defendants in this age group) than those aged 45 years and over (3%). Those aged 45 years and over had a higher proportion of defendants with good behaviour bonds (11%) than other age groups.

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