Prosecution statistics
DESCRIPTION | No. | ||||
|---|---|---|---|---|---|
Defendants convicted of offences prosecuted summarily | 884 | ||||
Defendants convicted of offences prosecuted on indictment | 592 | ||||
Defendants committed for trial or sentence | 472 | ||||
DESCRIPTION | No. |
|---|---|
Defendants convicted after a plea of guilty | 797 |
Defendants convicted after a plea of not guilty | 28 |
Defendants convicted ex parte | 59 |
Total defendants convicted | 884 |
Defendants acquitted after a plea of not guilty | 7 |
Total defendants convicted and acquitted | 891 |
DESCRIPTION | No. | ||||
|---|---|---|---|---|---|
Defendants committed after a plea of guilty | 247 | ||||
Defendants committed after a plea of not guilty | 225 | ||||
Total defendants committed | 472 | ||||
Defendants discharged after a plea of not guilty | 4 | ||||
Total defendants committed and discharged | 476 | ||||
DESCRIPTION | No. | ||||
|---|---|---|---|---|---|
Defendants convicted after a plea of guilty | 539 | ||||
Defendants convicted after a plea of not guilty | 53 | ||||
Total defendants convicted | 592 | ||||
Defendants acquitted after a plea of not guilty | 30 | ||||
Total defendants convicted and acquitted | 622 | ||||
Appeal Type | Outcome | Summary | Indictable | ||
|---|---|---|---|---|---|
Appeals against sentence | Upheld | 1 | 5 | ||
Dismissed | 0 | 3 | |||
Total | 1 | 8 | |||
APPEAL TYPE | OUTCOME | SUMMARY | INDICTABLE |
|---|---|---|---|
Against conviction only | Upheld | 2 | 5 |
Dismissed | 2 | 9 | |
Against sentence only | Upheld | 25 | 23 |
Dismissed | 10 | 20 | |
Conviction and sentence | Upheld | 1 | 5 |
Dismissed | 2 | 3 | |
Total | 42 | 65 |
In 2019–20, there were 33 successful defence appeals against sentence in New South Wales. Of these, 10 matters (30.3%) involved the judgment in Xiao v R [2018] NSWCCA 4 as a ground of appeal. Xiao is authority for the fact that, prior to 22 June 2020, a sentencing court in New South Wales had to take into account the utilitarian value of an accused’s guilty plea in Commonwealth matters. Xiao resulted in a number of defence appeals by other Commonwealth accused between 2018‑2020. On 22 June 2020, new Federal legislation commenced to provide that the utilitarian value of an accused’s guilty plea is a matter to be considered in sentencing for Commonwealth matters in all jurisdictions of Australia.
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https://www.transparency.gov.au/annual-reports/office-director-public-prosecutions/reporting-year/2019-20-28