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Sentencing Assault Offenders in the Higher Courts in New South Wales

NCJ Number
131213
Date Published
1990
Length
8 pages
Annotation
This analysis of sentencing patterns in New South Wales, Australia, found that sentences for individuals convicted of assault depended on offense severity, supervision status at the time of the offense, previous convictions, and plea.
Abstract
Assault cases before the Higher Criminal Courts in New South Wales during 1988 were examined. The final sample included 399 offenders, most of whom were male. About 30 percent had served previous prison terms, and 41 percent had previous convictions that did not involve imprisonment. Over half the offenders were not under supervision when the offense was committed, but supervision status was not known in 25 percent of the cases. The most common penalty for intent to do grievous bodily harm was a prison sentence. In general, however, the range of penalties handed down for each offense was very wide. Most offenders (71 percent) were not given prison sentences. Even in the category of intent to do grievous bodily harm, 8 of the 25 offenders received nonprison sentences. Prison sentences given in this category ranged from 34 months to 15 years. A prison sentence was more likely to be imposed if the offender was convicted of a more serious assault offense, had previous convictions, was under supervision at the time of the offense, and pleaded not guilty to the charge. 11 notes and 8 figures