NCJ Number
225952
Editor(s)
Hugh Donnelly
Date Published
November 2008
Length
20 pages
Annotation
This issue provides a summary of contemporary sentencing practices in the NSW local court.
Abstract
The article provides descriptive analysis of how the various sentencing options available to the court were used to deal with the most common offenses. The overall distribution of the 20 most common offenses in the Local Court for 2007 has not changed dramatically since 2002. The 20 offenses are: Mid-range prescribed concentration of alcohol (PCA), Common assault, Low-range PCA, Drive whilst disqualified, Larceny, Possess prohibited drug, Drive whilst suspended, Maliciously destroy/damage property, Never licensed person drive on road, Assault occasioning actual bodily harm, High-range PCA, Drive without being licensed, Knowingly contravene AVO, Offensive conduct, Assault with intent on certain officers, Drive unregistered vehicle, Negligent driving (not causing death or GBH), offensive language, Goods in custody, and Drive recklessly/furiously or dangerous speed/manner. Notable points of similarity include: 18 of the offenses appearing in the 2007 list also appeared in the 2002 list; the 2 most common offenses had not changed since 2002 (mid-range PCA followed by common assault); 4 of the 5 most common offenses in 2002 remained in the 5 most common offenses for 2007; a total of 6 offenses appearing in the 2007 list held the same positions that they did in 2002; and offenses relating to the use and operation of a motor vehicle continued to dominate the list. Other than the two new offenses appearing in the list, the most noticeable change of ranking and pattern of sentencing was for the offense of “high-range PCA” with the offense dropping from the 5th most common in 2002 to the 11th in 2007; and an increase in the use of penalties more severe than a fine. The overall distribution of penalty types remained remarkably stable since 2002. Changes in sentencing patterns since 2002 are discussed. Tables and figures