NEW SOUTH WALES

DEFENDANTS FINALISED

In 2016–17, there were 156,652 defendants finalised in New South Wales’ criminal courts, an increase of 2,758 defendants (2%) on the previous year. (Table 15)

The rate of defendants finalised was 2,279 per 100,000 persons aged 10 years and over. (Table 48)


Defendants finalised in New South Wales comprised a quarter (26%) of all defendants finalised nationally. This was the second largest proportional contribution to the national total after Queensland (28%). (Tables 2 and 15)

PRINCIPAL OFFENCE

Over two-thirds of defendants finalised in New South Wales in 2016–17 had a principal offence of:

• Traffic and vehicle regulatory offences (38% or 59,546);
• Acts intended to cause injury (19% or 29,874); or
• Illicit drug offences (11% or 16,746).

Between 2015–16 and 2016–17, defendants with a principal offence of:

• Fraud, deception and related offences increased by 14% (551);
• Sexual assault and related offences increased by 13% (319); and
• Offences against justice procedures, government security and government operations increased by 11% (743). (Table 15)

Over the same period, the number of defendants finalised for Robbery, extortion and related offences decreased by 16% (226). (Table 15)

COURT LEVEL

In 2016–17, the number of defendants finalised in New South Wales’:

• Higher Courts increased by 12% (501);
• Magistrates’ Courts increased by 2% (2,582); and
• Children’s Courts decreased by 5% (326), contrasting a national increase of 4% (1,028).

METHOD OF FINALISATION

Nine out of ten (91% or 142,783) defendants finalised in New South Wales had their matter(s) adjudicated, meaning the court made a determination of their guilt or innocence for the offence(s) with which they were charged. Almost all of these defendants (95% or 136,145) were proven guilty. Of these:

• 70% (94,655) entered a guilty plea; and
• 11% (14,316) were found guilty by the court. (Table 15)

PRINCIPAL SENTENCE

In 2016–17, 15% (20,873) of defendants proven guilty were sentenced to custodial orders. Of these:

• 62% (12,898) were sentenced to custody in a correctional institution; and
• 30% (6,318) were sentenced to fully suspended sentences. (Table 8)

The number of defendants sentenced to custodial orders increased by 8% (1,595) from 2015–16. (Table 15)

INDIGENOUS STATUS

In 2016–17, the number of defendants who identified as Aboriginal and Torres Strait Islander accounted for 16% (14,349) of persons finalised in New South Wales’ criminal courts (excluding traffic offences). The most common offence amongst both Aboriginal and Torres Strait Islander and non-Indigenous defendants was Acts intended to cause injury (41% or 5,831 and 34% or 22,464 respectively).

Around a quarter (27% or 3,118) of Aboriginal and Torres Strait Islander defendants who were proven guilty in 2016–17, were sentenced to custody in a correctional institution, compared to 15% (7,893) of non-Indigenous defendants. (Table 12)

OTHER KEY POINTS

In 2016–17:

• The median age of defendants finalised in New South Wales was 33 years, up from 32 years in 2015–16.
• 78% (122,370) of defendants finalised were male, compared to 75% (456,940) nationally.
• The median sentence length for defendants sentenced to custody in a correctional institution (excluding those sentenced to life or indeterminate) was 12 months and for those sentenced to community service orders was 120 hours.
• The median amount given for a fine was $500. (Tables 2, 15, 57d, 58 and 59)