Introduction to Comparative Sentencing Tables
This page provides users with downloadable comparative sentencing tables. The purpose of these tables is to provide judicial officers and other users with rapid and easy access to comparative sentencing information, with appropriate contextual information on the facts and circumstances of individual offences.
This approach to the use of statistics in sentencing is consistent with the line of Australian authority which emphasises that tables of sentences and statistics are useful only if accompanied by an articulation of the unifying principles which the sentences reveal: see R v Pham (2015) 256 CLR 550; Barbaro v The Queen (2014) 253 CLR 59; DPP (Cth) v Thomas [2016] VSCA 237.
The tables have been compiled by research staff of the NJCA under the supervision of the editor of the CSD.
Each table contains a cover page with a guide to use. Users should pay close attention to this guide before using the tables.
Terrorism and Other Security Offences
- Terrorism (Foreign Incursion): ss 119.1, 119.4 of the Criminal Code (Cth) and ss 6, 7(1)(a), 7(1)(e) of the Crimes (Foreign Incursions and Recruitment Act) 1978 (Cth)
- Terrorism (Document related offences): s 101.5 of the Criminal Code (Cth)
- Terrorism (Terrorist Act): ss 80.2C, 102.6 and 102.7 of the Criminal Code (Cth)
- Terrorism (Contravention of control orders): s 104.27 of the Criminal Code (Cth)
- Terrorism (Membership of organisation or association): ss 102.3 and 102.8 Criminal Code (Cth)
- People smuggling: ss 232A, 233, 233A, 233B and 233C of the Migration Act 1958 (Cth)
Child Exploitation Offences
- Child Abuse Material: ss 220, 237.5, 272.19, 273.5, 273.6, 273.7, 472.19, 473.1, 474.19, 474.20, 474.22, 474.22A, 474.24A of the Criminal Code (Cth) (forthcoming)
- Communication Offences: ss 272.9, 474.2A, 474.17, 474.26, 474.27, 474.27A of the Criminal Code (Cth) (forthcoming)
- Sexual Activity: ss 271.9, 272.8, 272.9, 272.14, 272.20, 474.25A, 474.25C, and 475.26 of the Criminal Code (Cth) (forthcoming)
Drug Offences
- Manufacturing: ss 305.3, 305.4 and 305.4 of the Criminal Code (Cth)
- Importing and Exporting: ss 307.1, 307.2, 307.3, 307.4, 307.11, 307.12 and 307.13 of the Criminal Code (Cth) and s 233BAA of the Customs Act 1901 (Cth)
- Trafficking and Supply: ss 302.2, 302.3, 302.4 and 306.4 of the Criminal Code (Cth)
- Possession: ss 307.5, 307.6, 307.7, 307.8, 307.9, 307.13, 308.1, 311.14, 314.1 of the Criminal Code (Cth)
Financial Offences
- Dishonestly Obtaining Gain or Causing Loss: ss 131.1, 134.1, 134.2, 134.3, 135.1, 135.2, 135.4, 145.2 of the Criminal Code (Cth), s 29D of the Crimes Act 1914 (Cth) and s 60 of the Financial Management and Accountability Act 1997 (Cth) (forthcoming)
- Tobacco Importation with Intent to Defraud: s 233BABAD of the Customs Act 1901 (Cth)
- Providing False Information: ss 137.2, 144.1, 145.1, 372.1A and 376.4 of the Criminal Code (Cth), s 64 of the Australian Securities and Investments Commission Act 2001 (Cth), ss 10, 29, 35 and 36 of the Australian Passports Act 2005, s 137 of the Anti Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and ss 1307, 1308, 1309 and 1041E of the Corporations Act 2001 (Cth) (forthcoming)
- Dealing in Proceeds: ss 400.3, 400.4, 400.5, 400.6, 400.9 and 404.4 of the Criminal Code (Cth) (forthcoming)
- Improper Use of Position: ss 141.3, and 142.2 of the Criminal Code (Cth), s 70 of the Crimes Act 1914 (Cth) and s 184 of the Corporations Act 2001 (Cth) (forthcoming)
- Insider Trading: s 1043A of the Corporations Act 2001 (Cth) (forthcoming)
- Bribery Offences: ss 70.2, and 141.1 of the Criminal Code (Cth) (forthcoming)
- Market Manipulation Offences: ss 1041A and 1041B of the Corporations Act 2001 (Cth) (forthcoming)
