Chapters

Murder and Manslaughter

The range for murder for the period 1996 – 2000 ranged from 10 years to life. The Criminal Code uses the words ‘for the term of the person’s natural life’. From 1990 – 2000, there were 23 attempted murders. 1 offence received a sentence of 3-4 years imprisonment, 1 of 8-10 years, and 21 10 years or more. The data excluded Martin Bryant’s twenty 21-year sentences, and shows the maximum sentence as 10 years. 21 of the 23 attempted murders were Martin Bryant. There were 100% custodial sentences imposed.

Manslaughter in the 1990-2000 period amounted to a total of 26 counts. The minimum sentence was 9 months, and the maximum was 10 years. There were 100% custodial sentences imposed.

Death by Dangerous Driving

The good news is that compared to the 1978-1989 period, where 30 offences were recorded, in the 1990-2000 period, only 14 DDD offences were recorded. The minimum sentence was 6 months and the maximum was 2 years. This may have increased significantly in the 2000-2010 period, considering public opinion and perceived prevalence and seriousness of the offence.

Sex Offences

Single counts of rape in the 1990-2000 period totalled 27. The minimum sentence was 6 months and the maximum sentence was 8 years. The custodial percentage is not available.

Sexual intercourse with a young person totalled 12 single counts in the 1990-2000 period, with a minimum of 2 months and a maximum of 12 months.

Aggravated sexual assault in this period was recorded as 1, 2, 3-4, 5-9 and 10 or more counts. For one count, the custodial percentage was 91% with a minimum of 2 months and a maximum of 18 months. For 10 or more counts, the custodial percentage was 100%, with a minimum of 12 months and a maximum of 5 years. The total number of cases was 42.

A single count of indecent assault in1990-2000 attracted an 87% custodial rate, with a minimum of 1 mount and a maximum of 12 months. There were 41 cases.

Incest had a total number of 16 cases varying between 7 cases of 1 count, 3 of 2 counts, 4 of 3-4 counts, and 2 of 5+ counts of incest. The minimum for 1 count was 4 months, and for 5+ counts, 15 months. The maximum for 1 count was 2 years and for 5+, 5 years. The custodial percentages were 78% for 1 count and 100% for 5 or more.

Maintaining a sexual relationship with a young person was introduced as an offence in 1994. The data for the 1995-2000 period indicates a total of 21 cases, 15 of 1 count, 4 of 2 counts, and 2 of 5+ counts. The minimum sentence for 1 count of maintaining was 3 months, and the maximum 5 years. For 5+ counts, the minimum was 3 years and the maximum 5 years. The variation with maintaining arises from the multitude of circumstances in which maintaining offences arise. This can include a 19 year old with a 16 year old in an ostensibly consensual relationship to situations where a much older, trusted figure, often familial, abuses their position of trust to assault unconsenting young children or teenagers.

Violent Crimes

For one count of GBH in the 1990-2000 period, the maximum imposed sentence was 5 years, the minimum was 4 months, and there were 33 offences in total. The custodial percentage was 97%. For wounding, the total number of offences was 63, the minimum sentence was 1 month and the maximum 2 years. The custodial percentage was 84%.

Aggravated assault in the 1990-2000 period was a total of 24 single counts, with a minimum of 1 month’s imprisonment and a maximum of 12 months. Single counts of assault in the 1990-2000 period totalled 179, receiving 14 days minimum sentence, and 18 months maximum with a custodial percentage of 78%.

Robbery

Aggravated armed robbery statistics in the 1990-2000 period consisted of 79 cases, in which the minimum was 3 months imprisonment and the maximum 5 years. The custodial percentage was 98%.

For armed robbery, there were 101 cases, with a minimum of 3 months and a maximum of 8 years with a custodial percentage of 94%.

Aggravated robbery attracted an 83% custodial percentage on 45 cases, with a minimum of 3 months and a maximum of 5 years. Robbery, with 50 cases, had a minimum of 1 month and a maximum of 2 years and 6 months, with a 93% custodial rate.

Crimes of Dishonesty

One count of stealing in the 1990-2000 period constituted a total of 85 cases, with a minimum of 1 month imprisonment and a maximum of 2 years, 8 months. Where there more than one count, the maximum was 6 years, where there were upwards of 21 counts. The median for one count was 6 months, and for more than one count in total the median sentence was 12 months.

Acquiring a financial advantage received a custodial rate of 88% in the same period. Single count cases were a total of 36, while the maximum was 18 months and the minimum 2 weeks imprisonment. The median was 9 months.

Receiving, in this period totalled 55 cases, with a minimum of 1 month and a maximum of 18 months. The median was 4 months.

There were 33 cases of one count of burglary and stealing in the 1994-2000 period. The minimum sentence was 1 month’s imprisonment, the median was 4 months, and the maximum was 12 months, with a 73% custodial rate.

Aggravated burglary in the same 1994-2000 period amounted to 13 cases involving one count, with a minimum sentence of 3 months’ imprisonment, a median of 12 months and a maximum of 2 years 6 month. The custodial percentage was 86 per cent.

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