EXPERIMENTAL FAMILY AND DOMESTIC VIOLENCE STATISTICS

INTRODUCTION

This chapter presents information about defendants who were finalised in the criminal courts across selected jurisdictions¹ where a selected offence type² was determined to be FDV related by police, or by the courts based on related legislation (See Explanatory Notes paragraphs 114–118).

Users should note that information presented in this chapter is based on experimental data and further work is required to improve the quality of this data.³ The ABS is interested in receiving feedback from users of these statistics on any aspect of the release. Please send written feedback to: crime.justice@abs.gov.au.

FDV related data referred to in this chapter were drawn from the data cube: 14 Defendants of Family and Domestic Violence, Experimental data, Selected states and territories (Tables 1 to 8).

KEY FINDINGS

In 2016–17, more than half of all defendants finalised in the Magistrates’ Courts for selected offence types were determined to have at least one FDV related offence across the selected states and territories, with the exception of Tasmania and Western Australia.


FDV defendants finalised

The total number of FDV defendants finalised in the Magistrates’ Courts increased across all the selected states and territories between 2015–16 and 2016–17, with the exception of the Northern Territory, where the number of FDV defendants decreased slightly (by 11 defendants, from 3,247 to 3,236 defendants). The increases in the remaining jurisdictions were as follows:

• 5% in New South Wales (from 22,720 to 23,965 defendants);
• 37% in Victoria (from 10,912 to 14,934 defendants);
• 35% in Western Australia (from 3,665 to 4,933 defendants);
• 6% in Tasmania (from 1,302 to 1,379 defendants); and
• 19% in the Australian Capital Territory (from 561 to 669 defendants). (Table 1)

Principal FDV offence

In the Magistrates’ Courts, Assault was the most common principal FDV offence in all selected states and territories, with the exception of Queensland, where Breach of violence orders was the most common offence (76% or 10,223 defendants). (Tables 1)

Sex

Male defendants accounted for more than four in five FDV defendants finalised in the Magistrates’ Courts in 2016–17 across all selected states and territories, ranging from 82% (19,726) in New South Wales, to 86% (1,187) in Tasmania. (Table 1)

In 2016–17, males accounted for the majority of defendants with a principal FDV offence of Sexual assault and related offences in the Magistrates’ Courts. In New South Wales and Victoria nine in ten defendants were male (304 and 189 respectively). In Western Australia, Tasmania, the Northern Territory and the Australian Capital Territory all defendants finalised for FDV related Sexual assault and related offences were male. (Table 6)

Age

The median age was slightly greater for FDV defendants finalised in the Magistrates’ Courts compared to all defendants finalised in this court level in 2016–17, with up to two years difference in Queensland and the Australian Capital Territory. (Table 1 and Data Cube 1 Table 2)


NEW SOUTH WALES

Defendants finalised in New South Wales' criminal courts were identified as FDV related where an offence was recorded as FDV in the charge, or by the court.⁴

In 2016–17, there were 23,965 defendants with one or more FDV related offences finalised in New South Wales' Magistrates’ Courts; 1,429 in the Children’s Courts and 430 in the Higher Courts. (Table 1)


Between 2015–16 and 2016–17, the number of FDV defendants increased across each of the court levels:

• 17% in the Higher Courts (from 368 to 430);
• 5% in the Magistrates’ Courts (from 22,720 to 23,965); and
• 9% in the Children’s Courts (from 1,317 to 1,429). (Table 1)

In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were five times more likely to be male than female (19,726 male defendants compared to 4,239 female defendants);
• The most common principal FDV offence was Assault (57% or 13,738 defendants) followed by Breach of violence orders (18% or 4,210 defendants); and
• The majority of FDV defendants were proven guilty (75% or 17,920) and a further 14% (or 3,335) had their matter(s) withdrawn by prosecution. (Table 1)

There were 12,385 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 72% (8,942) were sentenced to a non-custodial order; and
• 16% (2,040) were sentenced to custody in a correctional institution. (Table 7)

VICTORIA

Victoria's criminal courts are able to identify defendants finalised for at least one FDV related offence for the Children’s Courts and the Magistrates’ Courts using the police FDV flag transferred to the courts with prosecutions information. Victoria's Higher Courts do not receive the police FDV flag hence there is no FDV data for this court level presented within this publication.

In 2016–17, there were 14,934 defendants with one or more FDV related offences finalised in Victoria's Magistrates’ Courts and 655 in the Children’s Courts. (Table 1)


Between 2015–16 and 2016–17 the number of FDV defendants increased in both the Magistrates’ and Children’s Courts:

• 37% in the Magistrates’ Courts (from 10,912 to 14,934); and
• 47% in the Children’s Courts (from 447 to 655). (Table 1)

In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were five times more likely to be male than female (12,436 male defendants compared to 2,498 female defendants);
• The most common principal FDV offence was Assault (49% or 7,307 defendants) followed by Breach of violence orders (31% or 4,671 defendants); and
• The majority of defendants were proven guilty (85% or 12,754) and a further 14% (or 2,117) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 6,203 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 83% (5,124) were sentenced to a non-custodial order; and
• 17% (1,043) were sentenced to custody in a correctional institution. (Table 7)

QUEENSLAND

Defendants finalised in Queensland's criminal courts are identified as FDV related through legislative references in the charge.⁵ This legislation came into effect on 1 December 2015. Therefore, data for the 2015–16 reference period are not available.

In 2016–17, there were 13,415 defendants with one or more FDV related offences finalised in Queensland's Magistrates’ Courts; 751 in the Higher Courts and 73 in the Children’s Courts. (Table 1)


In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were five times more likely to be male than female (11,234 male defendants compared to 2,181 female defendants);
• The most common principal FDV offence was Breach of violence orders (76% or 10,223 defendants) followed by Assault (16% or 2,097 defendants); and
• The majority of defendants were proven guilty (87% or 11,696) and a further 9% (or 1,154) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 1,432 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 46% (665) were sentenced to a non-custodial order; and
• 42% (602) were sentenced to custody in a correctional institution. (Table 7)

WESTERN AUSTRALIA

Western Australia's criminal courts were able to identify defendants finalised for at least one FDV related offence in each of the court levels. The finalised defendants were identified by using the police flag provided at the time of prosecution.

In 2016–17, there were 4,933 defendants with one or more FDV related offences finalised in Western Australia's Magistrates’ Courts, 155 in the Children’s Courts and 153 in the Higher Courts. (Table 1)


Between 2015–16 and 2016–17, the number of FDV defendants increased across each of the court levels:

• 56% in the Higher Courts (from 98 to 153);
• 35% in the Magistrates’ Courts (from 3,665 to 4,933); and
• 29% in the Children’s Courts (from 120 to 155). (Table 1)

In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were six times more likely to be male than female (4,188 male defendants compared to 718 female defendants);
• The most common principal FDV offence was Assault (47% or 2,315 defendants) followed by Breach of violence orders (38% or 1,878 defendants); and
• The majority of defendants were proven guilty (86% or 4,254) and a further 9% (or 459) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 1,861 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 68% (1,261) were sentenced to a non-custodial order; and
• 21% (392) were sentenced to custody in a correctional institution. (Table 7)

TASMANIA

Tasmania's criminal courts were able to identify defendants finalised for at least one FDV related offence for the Children’s Courts and the Magistrates’ Courts using a Family and Domestic Violence flag populated by police and transferred to the courts along with prosecutions information. Tasmania's Higher Courts do not receive an FDV flag hence no FDV data is available for this court level.

In 2016–17, there were 1,379 defendants with one or more FDV related offences finalised in the Tasmania's Magistrates’ Courts and 19 in the Children’s Courts. (Table 1)


In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were six times more likely to be male than female (1,187 male defendants compared to 192 female defendants);
• The most common principal FDV offence was Assault (53% or 731 defendants) followed by Breach of violence orders (40% or 555 defendants); and
• The majority of defendants were proven guilty (73% or 1,001) and a further 5% (or 72) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 506 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 69% (350) were sentenced to a non-custodial order; and
• 17% (84) were sentenced to custody in a correctional institution. (Table 7)

NORTHERN TERRITORY

Northern Territory criminal courts were able to identify defendants finalised for at least one FDV related offence using the FDV flag populated by police and transferred to the courts with the prosecutions information.

In 2016–17, there were 3,236 defendants with one or more FDV related offences finalised in the Northern Territory Magistrates’ Courts, 141 in the Higher Courts and 82 in the Children’s Courts. (Table 1)


In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were five times more likely to be male than female (2,690 male defendants compared to 546 female defendants);
• The most common principal FDV offence was Assault (60% or 1,953 defendants) followed by Breach of violence orders (33% or 1,077 defendants); and
• The majority of defendants were proven guilty (82% or 2,647) and a further 12% (or 376) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 1,479 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 78% (1,158) were sentenced to custody in a correctional institution; and
• 15% (216) were sentenced to a non-custodial order. (Table 7)

AUSTRALIAN CAPITAL TERRITORY

Australian Capital Territory criminal courts were able to identify defendants finalised for at least one FDV related offence in each of the court levels. The finalised defendants were identified using a combination of the police FDV flag provided at the time of prosecution and their FDV specialist court lists.

In 2016–17, there were 669 defendants with one or more FDV related offences finalised in the Australian Capital Territory Magistrates’ Courts, 32 in the Higher Courts and 29 in the Children’s Courts. (Table 1)


In the Magistrates’ Courts:

• Defendants finalised for at least one FDV related offence were five times more likely to be male than female (565 male defendants compared to 104 female defendants);
• The most common principal FDV offence was Assault (57% or 380 defendants) followed by Property damage (18% or 119 defendants) and Breach of violence orders (13% or 88 defendants); and
• The majority of defendants were proven guilty (67% or 446) and a further 20% (137) had their matter(s) withdrawn by the prosecution. (Table 1)

There were 272 defendants proven guilty for a principal FDV offence of Acts intended to cause injury (including Assault). Of these:

• 59% (161) were sentenced to a non-custodial order; and
• 29% (79) were sentenced to custody in a correctional institution. (Table 7)

Footnotes

1 2016–17 FDV related data are available for New South Wales, Victoria, Queensland, Western Australia, Tasmania, the Northern Territory and the Australian Capital Territory.

2 Selected offences include 01 Homicide and related offences, 02 Acts intended to cause injury, 03 Sexual assault and related offences, 049 Other dangerous or negligent acts endangering persons, 05 Abduction, harassment and other offences against the person, 121 Property damage and 1531 Breach of violence orders.

3 The 2016–17 FDV related Criminal courts data presented here is an experimental data set. Further work is required to improve the comparability and quality of these data. For instance developing and implementing a uniform set of standards, classifications and business rules to guide the national recording and reporting of FDV related offences. Caution should be exercised when using the data and making comparisons across states and territories.

4 The recording of FDV related offences is governed by the Crimes (Domestic and Personal Violence) Act 2007.

5 An offence is recorded as an FDV related offence by reference to s47 (9) of the Justices Act 1886 for charges lodged in the Magistrates’ Courts, and through reference to s564 (3A) of the Criminal Code Act 1899 for indictments lodged in the Supreme and Districts Courts (this includes Children’s Courts).