Recklessness: Report
Appendix F: Charging and sentencing data
Charge numbers for offences against the person
Figure 4: Number of charges by offence: 2012–2023
Figure 4: Number of charges by offence: 2012–2023 (continued)
Data provided by Crime Statistics Agency, 29 August 2023
Figure 5: Number of charges sentenced by offence: June 2011 to June 2021
Table 23: Unique alleged offenders associated with charge category by Indigenous status,
April 2018–March 2023
|
Indigenous Status |
Cause Injury |
2018–19 |
2019–20 |
2020–21 |
2021–22 |
2022–23 |
|
Aboriginal and/or Torres Strait Islander |
Gross violence[1] |
4 |
10 |
6 |
8 |
≤ 3 |
|
Intentionally causing serious injury (s 16) |
18 |
29 |
22 |
12 |
17 |
|
|
Recklessly causing serious injury (s 17) |
31 |
39 |
37 |
35 |
35 |
|
|
Intentionally causing Injury (s 18) |
249 |
257 |
249 |
223 |
231 |
|
|
Recklessly causing injury (s 18) |
538 |
510 |
531 |
488 |
505 |
|
|
Reckless conduct endangering life (s 22) |
68 |
80 |
106 |
70 |
75 |
|
|
Reckless conduct endangering persons |
118 |
131 |
179 |
130 |
147 |
|
|
Negligently causing serious injury (s 24) |
≤ 3 |
≤ 3 |
4 |
≤ 3 |
5 |
|
|
Non-Indigenous |
Gross violence |
70 |
43 |
62 |
91 |
71 |
|
Intentionally causing serious injury (s 16) |
213 |
198 |
195 |
204 |
156 |
|
|
Recklessly causing serious injury (s 17) |
390 |
368 |
333 |
379 |
285 |
|
|
Intentionally causing Injury (s 18) |
2,757 |
2,454 |
2,393 |
2,170 |
1,985 |
|
|
Recklessly causing injury (s 18) |
5,851 |
5,551 |
5,447 |
4,873 |
4,950 |
|
|
Reckless conduct endangering life (s 22) |
805 |
770 |
943 |
875 |
929 |
|
|
Reckless conduct endangering persons |
1,527 |
1,523 |
1,732 |
1,634 |
1,659 |
|
|
Negligently causing serious injury (s 24) |
52 |
54 |
42 |
55 |
40 |
Source: Crime Statistics Agency (Vic)[2]
Table 24: Unique alleged offenders associated with charge category by age,
April 2018–March 2023
|
Age Group |
Cause Injury |
2018–19 |
2019–20 |
2020–21 |
2021–22 |
2022–23 |
|
10–17 years |
Gross violence[3] |
14 |
16 |
23 |
25 |
14 |
|
Intentionally causing serious injury (s 16) |
26 |
26 |
32 |
38 |
25 |
|
|
Recklessly causing serious injury (s 17) |
33 |
34 |
47 |
50 |
30 |
|
|
Intentionally causing Injury (s 18) |
353 |
360 |
318 |
263 |
284 |
|
|
Recklessly causing injury (s 18) |
636 |
619 |
560 |
491 |
454 |
|
|
Reckless conduct endangering life (s 22) |
52 |
58 |
65 |
63 |
57 |
|
|
Reckless conduct endangering persons (s 23) |
101 |
114 |
129 |
127 |
95 |
|
|
Negligently causing serious injury (s 24) |
≤ 3 |
≤ 3 |
0 |
≤ 3 |
≤ 3 |
|
|
18-24 years |
Gross violence |
22 |
13 |
20 |
37 |
20 |
|
Intentionally causing serious injury (s 16) |
67 |
53 |
56 |
54 |
44 |
|
|
Recklessly causing serious injury (s 17) |
118 |
96 |
84 |
100 |
68 |
|
|
Intentionally causing injury (s 18) |
705 |
597 |
577 |
560 |
462 |
|
|
Recklessly causing injury (s 18) |
1,368 |
1,182 |
1,108 |
1,088 |
1,011 |
|
|
Reckless conduct endangering life (s 22) |
238 |
234 |
267 |
248 |
250 |
|
|
Reckless conduct endangering persons (s 23) |
464 |
450 |
458 |
426 |
410 |
|
|
Negligently causing serious injury (s 24) |
17 |
14 |
10 |
12 |
9 |
|
|
25 years and over |
Gross violence |
38 |
24 |
25 |
37 |
39 |
|
Intentionally causing serious injury (s 16) |
138 |
150 |
131 |
124 |
103 |
|
|
Recklessly causing serious injury (s 17) |
270 |
277 |
240 |
263 |
221 |
|
|
Intentionally causing Injury (s 18) |
1,948 |
1,759 |
1,733 |
1,565 |
1,467 |
|
|
Recklessly causing injury (s 18) |
4,382 |
4,247 |
4,286 |
3,769 |
3,978 |
|
|
Reckless conduct endangering life (s 22) |
580 |
556 |
717 |
634 |
695 |
|
|
Reckless conduct endangering persons (s 23) |
1,074 |
1,085 |
1,323 |
1,210 |
1,300 |
|
|
Negligently causing serious injury (s 24) |
35 |
40 |
36 |
42 |
35 |
Source: Crime Statistics Agency (Vic)[4]
Table 25: Number of finalised charges in NSW for offences[5] with outcome of guilty, 2011–2021
|
Offence |
Court |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
Wound person intend to cause grievous bodily harm s33(1)(a) |
Lower |
0 |
0 |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Higher |
45 |
42 |
29 |
67 |
60 |
54 |
64 |
66 |
71 |
54 |
53 |
|
|
Cause grievous bodily harm to person with intent s33(1)(b) |
Lower |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Higher |
32 |
14 |
40 |
36 |
37 |
30 |
29 |
24 |
30 |
30 |
17 |
|
|
Reckless grievous bodily harm—in company s 35(1) |
Lower |
32 |
27 |
29 |
14 |
14 |
7 |
8 |
14 |
7 |
11 |
22 |
|
Higher |
25 |
19 |
14 |
19 |
20 |
19 |
20 |
24 |
23 |
21 |
17 |
|
|
Reckless grievous bodily harm s 35(2) |
Lower |
118 |
95 |
120 |
99 |
107 |
89 |
91 |
102 |
84 |
69 |
69 |
|
Higher |
64 |
42 |
71 |
50 |
53 |
49 |
45 |
61 |
60 |
45 |
49 |
|
|
Reckless wounding—in company s35(3) |
Lower |
15 |
23 |
16 |
27 |
10 |
37 |
20 |
20 |
13 |
36 |
38 |
|
Higher |
19 |
21 |
19 |
16 |
18 |
32 |
38 |
15 |
56 |
65 |
32 |
|
|
Reckless wounding s35(4) |
Lower |
222 |
209 |
211 |
222 |
187 |
217 |
188 |
177 |
220 |
203 |
205 |
|
Higher |
46 |
64 |
65 |
78 |
66 |
89 |
103 |
117 |
103 |
101 |
84 |
|
|
Causing grievous bodily harm s 54 |
Lower |
14 |
5 |
5 |
6 |
10 |
8 |
7 |
5 |
10 |
4 |
9 |
|
Higher |
1 |
0 |
0 |
0 |
0 |
4 |
0 |
5 |
1 |
1 |
0 |
Source: NSW Bureau of Crime Statistics and Research (BOCSAR)[6]
Explanatory notes
Crime Statistics Agency
• Data from April – March each year. Up to 31 March 2023.
• In order to maintain confidentiality, sensitive offence counts with a value of 1 to 3 are displayed as “≤ 3” and are given a value of 2 to calculate totals.
• Recorded crime statistics are based on data extracted by Victoria Police on the 18th day after the reference period, and are subject to movement between releases. For more information about how statistics are compiled, refer to the Explanatory notes on the CSA website.
• Indigenous status data are derived using the revised CSA most frequent recorded status of an individual as recorded by Victoria Police, and may not represent the Indigenous status recorded by police at the time of the incident.
• Where an unique alleged offender has more than one ‘Cause Injury’ charge category they will be counted in each ‘Cause Injury’ charge category. Therefore, counts for each ‘Cause Injury’ charge category should not be combined as it may cause duplication.
Sentencing Advisory Council
• To be included in SACStat, an offence must have had at least 10 charges sentenced in the higher courts of Victoria over the five-year period and at least 40 charges sentenced in the Magistrates’ Court of Victoria over the three-year period.
• For charge data, the all proven offence counting rule counts all proven charges of a particular offence, not just those where the crime is the principal proven offence in the case. This counting rule is useful for understanding how a particular offence is usually sentenced.
• While every effort is made to ensure that the data is accurate and complete, irregularities may sometimes occur. The data is therefore subject to revision.
• In the higher courts, it does not include data on sentences imposed in the County Court following a sentence appeal from the Magistrates’ Court. It also does not include custodial or non-custodial supervision orders for people who have been found not guilty because of mental impairment or found guilty at a special hearing, and unconditional release orders.
• In the Magistrates’ Court, it does not include data on sentences imposed in the Children’s Court, changes to sentences resulting from a sentence appeal to the County Court, local law offences, Commonwealth offences, cases in which the principal offence is a Commonwealth offence, or charges that received a criminal justice diversion program.
NSW Bureau of Crime Statistics and Research (BOCSAR)
• The table shows the outcome of individual finalised charges by calendar year. A charge refers to an instance of a particular type of offence being charged against a defendant. A ‘charge’ is similar to an offence. A court appearance or a defendant appearing in court can have multiple individual charges. A finalised charge is one which has been fully determined by the court and for which no further court proceedings are required.
• The Lower court data refers to both Lower Courts and the Children’s Court. The Higher Courts category refers to the Supreme Court and the District Court.
• Definitions of injury:
– Wounding is not defined in the Crimes Act 1900 (NSW). It has been defined at common law to involve the breaking of the skin.[7]
– Grievous bodily harm includes any permanent or serious disfiguring, the destruction of a foetus, and any grievous bodily disease.[8]
– Typical examples of injuries that are capable of amounting to actual bodily harm include scratches and bruises.[9]
-
Includes intentionally and recklessly causing serious injury in circumstances of gross violence.
-
Data provided by Crime Statistics Agency, 29 August 2023.
-
Includes intentionally and recklessly causing serious injury in circumstances of gross violence.
-
Data provided by Crime Statistics Agency, 29 August 2023.
-
This table is for select offences only. There are other categories of offences involving recklessness, such as causing grievous bodily harm to police officer on duty reckless as to causing actual bodily harm s 60(3)
-
Table based on data provided by NSW Bureau of Crime Statistics and Research, 11 July 2023.
-
R v Shepherd [2003] NSWCCA 351, [31]; Vallance v The Queen [1961] HCA 42, [7]; (1961) 108 CLR 56, 77; R v Hatch [2006] NSWCCA 330, [16]; R v Devine (1982) 8 A Crim R 45, 47, 52, 56.
-
Crimes Act 1900 (NSW) s 4(1).
-
McIntyre v R [2009] NSWCCA 305, [44]; (2009) 198 A Crim R 549, 558 [44].