NCJ Number
188014
Date Published
2001
Length
12 pages
Annotation
This paper reports on a New Zealand project that compared the sentences imposed on offenders charged with physical assault with reference to the ages of their victims.
Abstract
The research was based on data extracted from the Law Enforcement System and from court files for charges that involved physical (non-sexual) assault that were finalized in 1999. Information on age, gender, and ethnicity was obtained for both the victim and the offender in each case. Information on the incident encompassed the extent of physical injury to the victim, the relationship of the victim to the offender, the offense for which the offender was convicted, and the sentence imposed. Those aged 20 years or more comprised the largest group of victims (84 percent). Forty-one victims (6 percent) were children aged 14 years or less. Just over half (58 percent) of the victims were female. Imprisonment was more likely to result from charges relating to offenses against victims aged 14 years or less (39 percent) than against victims aged 20 years or more (30 percent). Imprisonment was imposed on the offender in 34 percent of charges that related to victims aged 15 to 19 years. Periodic detention was equally likely to be imposed when charges involved victims aged 14 years or less and victims aged 20 years or more (approximately 22 percent). Of the 13 charges that resulted in the death of the victim, almost all (92 percent) resulted in a sentence of imprisonment for the offender. Imprisonment was the most likely sentence (71 percent) to be imposed on offenders for incidents that resulted in the hospitalization of victims. Imprisonment was slightly more likely to be imposed on offenders than periodic detention for incidents that resulted in medical treatment for victims (37 percent compared with 25 percent). Almost one-fifth of the incidents that resulted in minor physical injuries to the victim resulted in a custodial sentence being imposed on the offender. The average term of imprisonment imposed on an offender for assaulting a child aged 14 years or less was 11.4 months, compared with 16.7 months for assaults on an adult aged 20 years or more. This finding of slightly shorter average terms of imprisonment when the victim was young was evident among most levels of physical injury. 9 tables