Abstract
This chapter discusses patterns in plea negotiation outcomes. Building on the 14 forms of negotiations discussed in Chap. 4, it provides a unique insight into which types of crimes more commonly feature in negotiations. This is important as it highlights unique trends in negotiations such as the low numbers of negotiated sexual offence cases—a global issue—and what factors may influence this trend. It also examines the recent prioritisation and changes in policies pertaining to policing and prosecuting family violence across Australia, which has resulted in more cases proceeding to contested hearing. Accordingly, this chapter considers why negotiations are considered a legitimate way for cases to resolve, when the practice sits at odds with the public interest approach used in family violence matters.
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Notes
- 1.
Under s 40(1) of the Crimes Act 1958 (Vic), sexual assault is defined as:
-
(1)
A person (A) commits an offence if –
-
(a)
A initially touches another person (B); and
-
(b)
the touching is sexual; and
-
(c)
B does not consent to the touching; and
-
(d)
A does not reasonably believe that B consents to the touching.
-
(a)
-
(1)
- 2.
The Royal Commission into Institutional Responses to Child Sexual Abuse also found that in NSW, the conviction rate for sexual assault other than child sexual assault was 50 per cent and the conviction rate for child sexual assault was 60 per cent, compared to an overall rate for all offences of 89 per cent (Royal Commission 2017a: 10).
- 3.
Class 1 offences include rape, incest, sexual penetration of a child under 16, sexual penetration of a 16- or 17-year-old, sexual penetration of a person with a cognitive impairment by providers of medical or therapeutic services, sexual penetration of a person with a cognitive impairment by providers of special programs, compelling sexual penetration if the person who the offence is committed against is a child, persistent sexual abuse of a child under the age of 16, facilitating sexual offences against a child, aggravated sexual servitude, sexual intercourse or other sexual activities with a child outside Australia, persistent sexual abuse of a child outside Australia and sexual intercourse or other sexual activities with a young person outside Australia where the defendant is in a position of trust or authority.
- 4.
Class 2 offences include sexual assault of a child, sexual assault by compelling sexual touching against a child, assault with intent to commit a sexual offence against a child, threat to commit a sexual offence against a child, indecent act with child under 16, indecent act with 16- or 17-year-old child, grooming for sexual conduct with a child under the age of 16, abduction or detention of a child, production of child pornography, procurement of a minor for child pornography, possession of child pornography and causing or inducing a child to take part in sex work.
- 5.
Sex Offenders Registration Act 2004 (Vic) s 1(a). Personal details include name; date of birth; address; telephone number; email addresses; any internet usernames, instant messaging usernames or chat room usernames; personal details of any children who the defendant has contact with; job (including details of the job, name of employer, address of workplace); and car details.
- 6.
Sex Offenders Registration Act 2004 (Vic) s 1(a)(i), s 1(a)(ii), s 1(b).
- 7.
A popular tabloid newspaper in Victoria.
References
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Flynn, A., Freiberg, A. (2018). Negotiation Outcomes. In: Plea Negotiations. Palgrave Socio-Legal Studies. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-92630-8_6
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