NCJ Number
219121
Date Published
2007
Length
67 pages
Annotation
This study used sentencing data from seven common-law jurisdictions and the New South Wales (Australia) Judicial Information Research System (JIRS) in order to compare the use of full-time imprisonment by New South Wales' judges with its uses in other Australian jurisdictions (statistics for 2005), and in other countries (New Zealand and Canada, 2004; United States, 2003; and England and Wales, 2002).
Abstract
The study found that compared to Australian and international jurisdictions, New South Wales had the highest statutory maximum penalty available for sexual assault (life imprisonment) and the second highest for robbery (25 years) and break-and-enter/burglary offense (25 years). Using imprisonment rates per 100,000, New South Wales had a higher rate (170) than the Australian average (156), four Australian States and Territories, New Zealand (168), Canada (129), and England (137). The proportion of offenders sentenced to full-time imprisonment in New South Wales was higher than in other Australian jurisdictions for sexual assault (96 percent), robbery (83 percent), and more serious robberies (86 percent); it was higher than both Australian and international jurisdictions for break-and-enter/burglary offenses (78 percent). In New South Wales, 88 percent of offenders convicted of DUI (driving under the influence) reckless driving that caused death received full-time imprisonment. This percentage was higher than any jurisdiction studied other than England (95 percent). For aggravated reckless driving that causes death, an offense that includes more serious intoxication cases (0.15 blood alcohol level and above), 99 percent of offenders received full-time imprisonment in New South Wales. 4 tables, 7 figures, a 32-item bibliography, and appended supplementary data