Criminal Courts, Australia

The COVID-19 pandemic resulted in restrictions that affected the volume of defendants finalised in the Criminal Courts, and this should be considered when comparing the data for 2022–23 to earlier years.  In addition, courts continued to resolve backlogs created or compounded by such restrictions which caused case finalisations to be delayed.

There was a total of 533,971 defendants finalised across all Criminal Court levels in Australia, an increase of 9% (45,035) from the previous year. Of these defendants: 

• Most had their case heard in the Magistrates’ courts (92%)
• The majority (75%) were male
• Youth defendants aged 10 to 17 years accounted for 4%

In 2022–23, the most common principal offences were:

• Traffic and vehicle regulatory offences – 35% or 189,089 defendants
• Acts intended to cause injury (mostly assault) – 16% or 84,815 defendants
• Offences against justice (such as breach of violence or non-violence orders) – 10% or 51,148 defendants
• Illicit drugs offences – 8% or 41,940 defendants

Between 2021–22 and 2022–23, the number of defendants increased across all principal offence divisions, except for miscellaneous offences (down 16% or 2,169 defendants) and illicit drugs (down 4% or 1,727 defendants).

There was a 17% increase in defendants of acts intended to cause injury (up 12,082 defendants). This resulted in the highest number of defendants with this offence since 2010–11. 

Of the defendants whose charges resulted in a court judgement, most (97% or 466,453) had a guilty outcome. Of these defendants:

• Over half (53% or 249,325) received a fine as their principal sentence
• 9% (or 43,073) were sentenced to custody in a correctional institution

The proportion of defendants with a guilty outcome for acts intended to cause injury was slightly lower, at 90% (61,860) of those receiving a judgement, with one in five (20%) of these defendants being sentenced to custody in a correctional institution.

From 2021–22 to 2022–23, increases in the number of Aboriginal and Torres Strait Islander defendants were recorded in:

• New South Wales, up 33% (5,361)
• Queensland, up 9% (1,830)
• Northern Territory, up 17% (846)
• South Australia, up 8% (369)

Decreases were recorded in:

• Australian Capital Territory, down 17% (59)
• Tasmania, down 4% (44)

The majority of Aboriginal and Torres Strait Islander defendants were male (at least 70% across each of the selected states and territories for which Indigenous status is available). 

Acts intended to cause injury (mostly assault) was the most common principal offence for Aboriginal and Torres Strait Islander defendants across most states and territories, ranging from 31% in Tasmania to 45% in the Northern Territory. 

Queensland was the only state where the most common principal offence for Aboriginal and Torres Strait Islander defendants was offences against justice (24%). 

The majority of Aboriginal and Torres Strait Islander defendants receiving a judgement had a guilty outcome, ranging from 73% in Tasmania to 99% in Queensland. For these defendants:

• A sentence of custody in a correctional institution was more common in the Northern Territory (64% of defendants with a guilty outcome), South Australia (42%) and the Australian Capital Territory (40%)
• For Queensland and Tasmania, the most common sentence was a fine (34% and 31%)
• For New South Wales the most common sentence was moderate penalty in the community (25%)

There were 23,254 youth defendants aged 10–17 years finalised in 2022–23. This accounted for 4% of total defendants nationally. The median age of these defendants was 16 years, and almost three-quarters (74%) were male.

Since 2010–11, the number of youth defendants in court has decreased by 35%. The decline has been more pronounced in male youth defendants (down 39%) than females (down 22%).

More than half (58%) of youth defendants had one of the following principal offences:

• Acts intended to cause injury – 25% or 5,856 defendants
• Theft – 18% or 4,095 defendants
• Unlawful entry with intent – 16% or 3,631 defendants

Of the youth defendants whose charges resulted in a court judgement, most (93% or 16,978) had a guilty outcome. Of these defendants, the majority (80%) received a principal sentence of: 

• Nominal and other penalties (such as drivers licence disqualification and forfeiture of property) – 45% or 7,670 defendants
• Moderate penalty in the community – 19% or 3,150 defendants
• Good behaviour order – 16% or 2,711 defendants

A further 4% (761) were sentenced to juvenile detention.

In 2022–23, there were 99,932 defendants nationally with at least one FDV-related offence. Of these defendants:

• Most (94% or 94,023 defendants) were heard in the Magistrates’ Courts
• Four in five were male (80% or 80,195 defendants)
• The median age of defendants was 36 years 

In 2022–23, the most common offences for FDV defendants were:

• Assault – 41% or 41,379 defendants
• Breach of violence order – 39% or 38,760
• Stalking, harassment or threatening behaviour – 10% or 9,885
• Property damage – 7% or 7,285

Of the 83,603 FDV defendants receiving a court judgement, most (94% or 78,259) had a guilty outcome. For these defendants:

• A fine was the most common sentence (25% or 19,559)
• 19% (15,033) were sentenced to custody in a correctional institution
• 19% (14,872) were sentenced to an order of good behaviour

There were 37,659 defendants with at least one FDV offence in New South Wales courts in 2022–23. The most common principal offence was assault (50% or 18,642 defendants), and most FDV defendants were male (77% or 28,844).

The majority of defendants who received a court judgement had a guilty outcome (87% or 27,469).  Of these guilty defendants:

• 31% (8,564 defendants) were sentenced to a moderate penalty in the community 
• 25% (6,994) received orders of good behaviour
• 14% (3,938) received a fine

There were 21,589 defendants with at least one FDV offence in Victorian courts in 2022–23. The most common principal offence was assault (45% or 9,735 defendants), and most FDV defendants were male (81% or 17,593).

Almost all defendants who received a court judgment had a guilty outcome (99% or 17,020). Of these guilty defendants:

• 32% (5,452 defendants) received orders of good behaviour 
• 23% (3,981) received a fine
• 18% (3,136) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)
• 12% (2,608) were sentenced to custody in a correctional institution

There were 22,931 defendants with at least one FDV offence in Queensland courts in 2022–23. The most common principal offence was a breach of violence order (74% or 16,933), and most FDV defendants were male (83% or 18,972).

The majority of defendants who received a court judgement had a guilty outcome (99% or 20,623). Of these guilty defendants:

• 33% (6,872 defendants) received a fine
• 25% (5,233) were sentenced to custody in a correctional institution
• 17% (3,418) were sentenced to a moderate penalty in the community 

There were 3,711 defendants with at least one FDV offence in South Australian courts in 2022–23. 

The most common principal offence was assault (68% or 2,526 defendants), and most FDV defendants were male (87% or 3,235). 

The majority of defendants who received a court judgement had a guilty outcome (96% or 1,363 defendants). Of these guilty defendants:

• 46% (627 defendants) were sentenced to custody in a correctional institution
• 19% (262) received an order of good behaviour
• 10% (139) were sentenced to nominal and other penalties (such as licence disqualification or forfeiture of property)

There were 7,999 defendants with at least one FDV offence in Western Australian courts in 2022–23. The most common principal offence was a breach of violence order (50% or 4,015 defendants), and most FDV defendants were male (82% or 6,592). 

The majority of defendants who received a court judgement had a guilty outcome (96% or 6,790). Of these guilty defendants:

• 59% (4,038 defendants) received a fine
• 11% (776) were sentenced to a moderate penalty in the community
• 11% (734) were sentenced to custody in a correctional institution 

There were 1,582 defendants with at least one FDV offence in Tasmanian courts in 2022–23. The most common principal offence was assault (50% or 798 defendants), and most FDV defendants were male (81% or 1,278).

The majority of defendants who received a court judgement had a guilty outcome (76% or 1,195). Of these guilty defendants:

• 31% (370 defendants) received a fine
• 23% (269) were sentenced to an order of good behaviour
• 22% (265) were sentenced to custody in a correctional institution

There were 3,704 defendants with at least one FDV offence in Northern Territory courts in 2022–23. The most common principal offence was assault (61% or 2,277 defendants), and most FDV defendants were male (83% or 3,085).

The majority of defendants who received a court judgement had a guilty outcome (98% or 3,329 defendants). Of these guilty defendants:

• 71% (2,368 defendants) were sentenced to custody in a correctional institution
• 12% (408) were sentenced to an order of good behaviour
• 7% (238) received a fine 

There were 757 defendants with at least one FDV offence in Australian Capital Territory courts in 2022–23. The most common principal offence was assault (56% or 423 defendants), and most FDV defendants were male (79% or 596).

The majority of defendants who received a court judgement had a guilty outcome (78% or 470 defendants). Of these guilty defendants:

• 40% (186 defendants) were sentenced to an order of good behaviour
• 23% (109) were sentenced to custody in a correctional institution
• 12% (57) received a fine 

During 2022–23 there were 55,397 defendants in court for breaching an FDV-related violence order. 

Most of these defendants were male (83%) and the median age was 36 years.

The majority (97% or 48,425) of defendants who received a court judgement had a guilty outcome. Of these guilty defendants:

• 31% (14,792 defendants) received a fine 
• 21% (10,131) were sentenced to custody in a correctional institution 
• 16% (7,655) were sentenced to a moderate penalty in the community

This release previously used catalogue number 4513.0.
 

2 December 2024: Data relating to Principal Sentence in the Tasmanian Magistrates’ Court (Table 41) have been corrected.

3 April 2024: Data relating to sentence length and fine amount (Datacube 13 and table 80) have been included.