Sentencing outcomes for those assessed for intensive correction order suitability

This paper examines the outcomes of assessments for intensive correction orders, including the penalties imposed on those deemed unsuitable. Method: Assessment data for intensive correction orders were obtained from Corrective Services NSW and linked to finalised court appearances between 1 October 2010 and 30 September 2012. The proportion of assessment episodes associated with a finalised court appearance where an intensive correction order was imposed and the penalties imposed on offenders who did not receive an intensive correction order were examined. Results: 2,580 assessment episodes were identified, with 93 per cent (n=2,389) linked to a finalised court appearance. Of these assessment episodes linked to a court appearance, 55 per cent resulted in an intensive correction order. Of the assessment episodes linked to a finalised court appearance resulting in a sentence other than an intensive correction order, the most common penalties imposed were imprisonment (58%), a suspended sentence with supervision (16%) and a suspended sentence without supervision (8%). Conclusion: In line with intensive correction orders being introduced as an alternative to full-time imprisonment, the vast majority of offenders assessed for an intensive correction order who do not receive one instead receive a penalty of imprisonment or an alternative form of imprisonment (i.e., home detention or a suspended sentence)

Intensive correction orders vs other penalties: offender profiles

This paper examines the profile of offenders given intensive correction orders in New South Wales and compares these offenders with those who received other penalties. Method: Details of offenders’ demographic and offence characteristics, prior convictions and penalties were examined. Logistic regression models were developed to compare those who received intensive correction orders with those who received other penalties. Results: Between 1 October 2010 and 30 September 2011, 488 offenders in NSW were given an intensive correction order. The majority of offenders were male (89%); on average, they were 32.7 years of age, with 5.3 prior proven court appearances, and most commonly they were convicted of traffic and vehicle regulatory offences (40%). When compared with offenders receiving periodic detention, a suspended sentence with supervision, a community service order or a sentence of imprisonment, those who received intensive correction orders were most similar to those who received periodic detention in the preceding year. However, they were more likely to be female, have a prior prison sentence and live in a major city than those who had received periodic detention. Conclusion: The profile of offenders receiving intensive correction orders was very similar to the profile of those who previously received periodic detention

The impact of intensive correction orders on re-offending

This study examined the risk of re-offending of those who received an intensive correction order, relative to those who received periodic detention and suspended sentences with supervision. Method: Details of offenders’ demographic and offence characteristics, prior convictions and penalties received, and re-offences were extracted from the Re-offending Database maintained by the NSW Bureau of Crime Statistics and Research. Using propensity score modelling, offenders who received an ICO as a principal penalty in a NSW court between 1 October 2010 and 30 September 2012 were matched to two comparable groups of offenders who received periodic detention between 1 October 2007 and 30 September 2009 and suspended sentences with supervision between 1 October 2010 and 30 September 2012. A supplementary comparison with those who received suspended sentences with supervision included matching on Level of Service Inventory - Revised (LSI-R) assessment scores, in addition to demographic and offending characteristics. Time to first re-offence was estimated using the Nelson-Aalen estimator of the cumulative hazard rate function and compared between groups using Cox proportional hazards regression. Results: An offender on an ICO had 33 per cent less risk of re-offending than an offender on periodic detention (HR=0.67, 95% confidence interval (0.55, 0.83), p<.001). There was no significant difference in re-offending between those who received ICOs and supervised suspended sentences after taking into account LSI-R assessment scores. Conclusion: There is some evidence to suggest that ICOs are more effective than periodic detention in terms of re-offending rates. However, future evaluations should include more detailed offender, treatment and program participation information in order to better understand any observed differences between comparison groups

Police use of court alternatives for young persons in NSW

This study measured the level of variation across the NSW Police Force’s Local Area Commands (LACs) in the proportion of young persons diverted from court, before and after adjusting for factors police may consider when deciding how to proceed against a young person. Method: Between July 2010 and June 2011, for each LAC in NSW, the number of cases involving young persons that police dealt with by caution or conference referral was calculated as a proportion of all cases proceeded against by caution, conference or court. Factors associated with whether or not a case was diverted from court were examined using multilevel logistic regression. Results: Excluding ineligible cases, the rate of diversion per LAC ranged between 31 and 95 per cent, with 85 per cent of LACs diverting at least 70 per cent of their eligible cases. Additionally, both before and after taking into account factors that police may consider when deciding whether or not to divert, the amount of variation in police use of diversionary options attributable to LAC was small (less than 5%). Conclusion: Variation across LACs in the police use of diversionary options was small

Re-offending on parole

This study finds that offending on parole is less common than previous studies have suggested. Abstract Aim: To measure the rate of re-offending on parole and identify the predictors of both general and violent offending on parole. To describe the types of offences committed on parole. Method: The analysis was based on 9,604 offenders released on parole in 2010 or 2011. Multinomial logistic regression was used to identify demographic and criminal history characteristics independently associated with re-offending or re-imprisonment while on parole. Results: Just under 61 per cent (60.8%) of parolees neither re-offended nor were re-imprisoned during their parole period. About twenty-eight per cent (28.4%) of the sample re-offended on parole. A further 10.8 per cent were re-imprisoned on parole without having first re-offended. Approximately 7 per cent (7.1%) of the sample committed a violent offence on parole. Parolees were more likely to offend on parole if they were male; Indigenous; young; had spent less than 180 days in prison (during the current episode); had a higher Level of Service Inventory - Revised score had a non drug offence as their principal offence; had six or more prior court appearances, had been imprisoned before; or had a prior conviction for drug use and/or possession. The correlates of violent re-offending on parole were very similar but also included prior conviction for a serious violent offence. Those who re-offended on parole committed a broad spectrum of offences, including: break and enter, assault, possess illicit drugs, receive/handle proceeds of crime, drive while licence disqualified, breach apprehended violence order and property damage. Conclusion: Offending on parole is less common than previous studies have suggested. Future research should focus on three issues: whether it is possible to improve the accuracy of the parole risk assessment process; whether post release supervision/support reduces the risk of re-offending following release from prison; and whether offenders released to parole are less likely to re-offend if released to parole by the State Parole Authority than if released on parole by a court

Predictors of guilty pleas in the NSW District Court

Examines factors associated with early, late, and not guilty pleas in the District Court of NSW. Introduction There are well established practical, financial and emotional benefits of obtaining guilty pleas early in criminal proceedings. While criminal proceedings in NSW are most commonly resolved by a guilty plea (e.g., in 2012, 82% of criminal matters proved in the District Court of NSW were resolved via a guilty plea), approximately one third of guilty pleas are not submitted until after the matter has been committed for trial (NSW Bureau of Crime Statistics & Research, 2012). These late guilty pleas typically involve at least three Local Court appearances prior to committal (including the committal hearing itself) and two appearances in the District Court (including the arraignment and sentence hearing) before being finalised. When a guilty plea is received late (e.g., on the first day of trial), it is likely that many hours of victim, witness, juror, court, police, and legal practitioner time will have gone to waste. The issue of late guilty pleas has been an ongoing concern for government, legal practitioners and courts for many years in NSW. In 2013, at the direction of the Attorney General, the NSW Law Reform Commission commenced a review into encouraging appropriate early guilty pleas. A consultation paper was released in November 2013 with the purpose of generating discussion on what models could be adopted by NSW to improve the rate of appropriate early guilty pleas

That’s entertainment: trends in late-night assaults and acute alcohol illness in Sydney's entertainment precinct

Summary: This report uses various data sources to show the incidence of night-time alcohol-related violence and other alcohol harm in the Sydney CBD in the ten years prior to the 2014 lockout intervention. Between 2004 and 2013 police crime statistics and triple zero (000) calls both show a decrease in alcohol-related assault while emergency department presentations for alcohol illnesses increased.   Aim: To assess the role of administrative police and health databases in monitoring trends in, and epidemiology of, alcohol-related violence and acute alcohol illness associated with the night time economy in the Sydney central business district (CBD) "Entertainment Precinct", prior to the introduction of 2014 government reforms addressing "alcohol-fuelled violence". Method: We examined annual trends in police-recorded incidents of grievous bodily harm, ambulance Triple Zero (000) calls for assault, and acute alcohol illness emergency department presentations that occurred between 10 p.m. and 6 a.m. over a 10-year period (2004–2013). Trends were examined among persons of all ages and young adults (18 to 29 year olds) in the CBD. The rest of metropolitan Sydney provided a comparison area to evaluate whether trends were CBD-specific. Results: Among persons of all ages, there were 913 police-recorded incidents of grievous bodily harm, 10,427 ambulance calls for assault and 14,106 emergency department presentations for acute alcohol illness in the CBD over the 10-year period. Young adults accounted for between 62 per cent and 78 per cent of assault incidents and 58 per cent of alcohol emergency department presentations. Between 2004 and 2008, the annual number of assaults and acute alcohol illness increased two-fold. Alcohol illness emergency department presentation trends subsequently stabilised, while assaults in 2013 were at the lowest levels in 10 years. Similar trends were observed in the rest of metropolitan Sydney. Conclusion: The majority of alcohol-related assaults and emergency department presentations involved young adults. Ambulance and police administrative data sources provided a consistent picture of a recent decline in late-night assault trends. Alcohol-related emergency department presentation trends suggested other alcohol harms may be continuing at relatively high levels both in the CBD and in metropolitan Sydney. While violence appears to be declining in the CBD and across Sydney, continuing alcohol harm remains to be addressed. &nbsp

Trastuzumab and metastatic breast cancer: Trastuzumab use in Australia - Monitoring the effect of an expensive medicine access program

Purpose: Data from clinical trials are used for drug registration; however, many cancer medicines are ultimately used off-label. This study examines the extent to which the clinical practice use of trastuzumab for the treatment of metastatic breast cancer differs from its use under trial conditions. Methods: This study involved all women (N = 1,469) with metastatic breast cancer who received trastuzumab in Australia between December 2001 and March 2005. Given that Australia operates a universal health care system, administrative databases could be examined to determine the duration of therapy, rate of off-label use, compliance with cardiac monitoring, and the extent of drug wastage (volume and cost). Results: A total of 433 enrollees (29.5%) received trastuzumab as monotherapy and 1,036 enrollees (70.5%) received the drug in combination with chemotherapy. A total of 321 women (22%) received off-label trastuzumab. The median duration of trastuzumab therapy was longer than that on trial: 5.6 v 3.1 months for enrollees receiving monotherapy and 12.5 v 6.9 months for concomitant chemotherapy. Only 47 (3%) of enrollees received cardiac monitoring before and during trastuzumab therapy. We estimated 24% of trastuzumab dispensed was discarded, at a cost of $21.1 million Australian. Alternative administration schedules and the addition of another vial size potentially reduce wastage to 6% of volume dispensed. Conclusion: Debates about the use of expensive cancer medicines should consider postmarketing assessments as well as trial experience. The longer duration of trastuzumab use in clinical practice and the high rates of off-label use provide incentive for new clinical trials. Strategies to improve cardiac monitoring and to minimize drug wastage are issues that require immediate attention

Sentencing snapshot: sexual assault, 2009-2010

This snapshot describes the penalties imposed on adult offenders convicted of sexual assault (not including child sexual assault). The most common penalty imposed on an offender convicted of sexual assault was a prison sentence. Prison penalties were imposed on 86 per cent of offenders convicted of an offence of aggravated sexual assault, with an average aggregate sentence of 77 months, and an average minimum term of 48 months. As the number of prior convictions increased the proportion of offenders given a prison sentence increased. For example, of those convicted of aggravated sexual assault offences, 77 per cent of those with no prior convictions received a prison sentence, while those with three or more prior convictions were almost guaranteed to receive a prison sentence (97%)