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 45-48 for further information).


Custodial orders

Of the guilty defendants in the Children's Courts in 2010-11, 2,930 (10%) were sentenced to custodial orders. Of all guilty defendants, 6% were ordered to serve time in a correctional institution, while defendants sentenced to custody in the community accounted for 2% and those with fully suspended sentences 3% (Table 4.1).

The proportion of defendants proven guilty receiving a custodial order varied across states and territories. The Australian Capital Territory (23%), the Northern Territory (21%), New South Wales (14%) and Tasmania (14%) had the highest proportions of defendants receiving a custodial order. Queensland (6%) and Western Australia (7%) had the lowest (Table 4.3).

Offences with relatively high proportions of custodial sentences were homicide (70%), robbery and extortion (31% or 346), sexual assault (25% or 73), unlawful entry with intent (19% or 672) and acts intended to cause injury (17% or 961). Most of these defendants were sentenced to custody in a correctional institution, with the exception of homicide (majority fully suspended sentences) and acts intended to cause injury (majority custody in the community and fully suspended sentences) (Table 4.7).

Custodial orders were issued to 12% of guilty male defendants and 5% of guilty female defendants.

Defendants aged 17 years were the most likely to receive a sentence of custody in a correctional institution (7% or 472). Those aged 10-12 years were the least likely (1%) to receive a sentence of custody in a correctional institution (Table 4.9).


Non-custodial orders

During 2010-11, 90% (25,548) of guilty defendants in the Children's Courts were sentenced to non-custodial orders. Of all guilty defendants, 28% received a sentence of community supervision or work orders, while 16% received a sentence of monetary orders (Table 4.1).

Defendants proven guilty of robbery and extortion were most likely to be issued with a community supervision or work order (50%) followed by unlawful entry with intent (48%), and sexual assault (44%). Defendants proven guilty of traffic offences were most likely to be issued with a monetary order (52%), followed by dangerous or negligent acts (41%) (Table 4.7).

Of the 22,558 guilty male defendants, nearly one-third (29%) received a community supervision or work order, while 17% received a monetary order. Sentences for female defendants were similar to males: 26% received a community supervision or work order and 14% received a monetary order (Table 4.9).

The proportion of defendants receiving community supervision or work orders generally decreased with age, from 41% of 10-12 year old defendants to 14% of those aged 18 years and over. Older defendants were more likely to be sentenced to monetary orders; 36% of those aged 18 years and over received this order compared to 1% of 10-12 year olds.

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