Sentencing snapshot: drink-driving 2009-2010 [PDF] by Lily Trimboli describes the penalties imposed on convicted drink-drivers in NSW.
Trimboli reports that a fine is the most serious penalty, imposed on 60% of convicted drink-drivers. The average fine varies according to the PCA range of the offence: $470 (low range PCA range), $702 (middle range PCA offence), $1,043 (high range PCA offence) and $365 (special range PCA offence). The second most common penalty is a bond without conviction or no conviction recorded, imposed on about 23% of convicted drink-drivers. Bonds without conviction or no conviction recorded, however, remain extremely rare for offenders convicted of high range PCA offences. In 2009 and 2010 a total of 43,684 offenders were convicted of a PCA offence in NSW Local Courts. Of these offenders:
• approximately 31% were convicted of a low range PCA offence, 46% were convicted of a middle range PCA offence, 16% were convicted of a high range PCA offence and 7% were convicted of a special range PCA offence;Katrina Grech's Sentencing snapshot: motor vehicle theft 2009-2010 [PDF] indicates that during that period 760 offenders were convicted of motor vehicle theft in NSW Local and District Courts. Imprisonment was the most commonly imposed penalty, followed by a bond without supervision and a suspended sentence. The risk of imprisonment increased with the number of prior convictions. In addition, offenders previously imprisoned for theft or a related offence were most likely to be sentenced to imprisonment for their current motor vehicle theft offence (96% and 84% respectively).
• 72.2% had no convictions of any kind in the five years prior to their index offence;
• between 14.5% (low range PCA offence) and 19.4% (high range PCA offence) of offenders had prior drink-driving convictions, without being imprisoned for a PCA offence. The percentage of PCA offenders who had been imprisoned in the previous five years for a PCA offence was negligible (that is, under 1%);
• 60.2% of offenders received a fine for their index PCA offence;
• the average fines were $470 (low range PCA offence), $702 (middle range PCA offence), $1,043 (high range PCA offence) and $365 (special range PCA offence);
• the second most common penalty was a bond without conviction or no conviction recorded, with 22.6% overall receiving this sanction. However, these sanctions were very rarely (2.3%) imposed on high range PCA offenders;
• although PCA offenders are rarely imprisoned, the risk of imprisonment is higher for those few offenders who have prior convictions and especially high for the very small percentage of PCA offenders who have been previously imprisoned for a PCA offence.
The average age of offenders was 27. The most common penalty imposed on convicted offenders of MVT was a sentence of imprisonment. The second most common penalty was a bond, followed by a suspended sentence. Close to 50% of offenders convicted of theft of a motor vehicle were sentenced to imprisonment, with the average minimum term of 20 months and average maximum term of 34 months. Close to 40% of offenders convicted of illegal use of a motor vehicle were sentenced to imprisonment, with the average minimum term of seven months and average maximum term of 10 months. The likelihood of prison was strongly affected by the number of prior convictions of the offender. Of those offenders of theft of a motor vehicle with no prior convictions 32% were sentenced to imprisonment. For those with four or more convictions, 70% were sentenced to imprisonment. For offenders of illegal use of a motor vehicle, 8.3% of those with no priors were sentenced to imprisonment, rising to 64.7% for those with four or more.Don Weatherburn's Sentencing snapshot: robbery, 2009-2010 [PDF] notes that the most common penalty imposed on a convicted robbery offender was a prison sentence, with imprisonment of 79% of offenders convicted of an aggravated robbery offence and 58% of offenders convicted of a non-aggravated robbery offence. Those who were not imprisoned generally received suspended prison sentences. The average aggregate sentence for aggravated robbery was 44 months, with an average minimum term of 25 months. The average aggregate sentence for a non-aggravated robbery was 24 months, with an average minimum term of 14 months.Sentencing snapshot: sexual assault, 2009-2010 [PDF] by Clare Ringland describes the penalties imposed on adult offenders convicted of sexual assault (not including child sexual assault). Ringland comments that -
The most common penalty imposed on an offender convicted of sexual assault was a prison sentence. Prison penalties were imposed on 86% of offenders convicted of an offence of aggravated sexual assault, with an average aggregate sentence of 77 months, and an average minimum term of 48 months. As the number of prior convictions increased the proportion of offenders given a prison sentence increased. For example, of those convicted of aggravated sexual assault offences, 77% of those with no prior convictions received a prison sentence, while those with three or more prior convictions were almost guaranteed to receive a prison sentence (97%).
