Crime in Tasmania

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Crime in Tasmania has existed since the earliest days of the European settlement in 1803. Laws creating criminal offences are contained entirely in statutes, statutory regulations, and by-laws, common law offences having been abolished by the Criminal Code Act 1924 s 6. [1] Most offences are enforced by Tasmania Police, although a small category of offences are prosecuted by other statutory authorities such as local governments, and the Tasmanian branch of RSPCA Australia. All offences are prosecuted through the Tasmanian justice system, and sentences of imprisonment are administered by the Tasmania Prison Service. Some crime statistics for Tasmania are provided on the Tasmania Police website. [2]

Contents

History

Early days of settlement

Conflict between indigenous people and settlers

From the days of early British settlement in Tasmania (then Van Diemen's Land) (1803 onwards) until 1832, there was a period of violent conflict between the colonists and Aboriginal Australians, spiralling into an era which became known as the Black War in the 1820s, partly driven by increasing competition for kangaroo and other game. [3] [4] Explorer and naval officer John Oxley in 1810 noted the "many atrocious cruelties" inflicted on Aboriginals by convict bushrangers in the north, which in turn led to black attacks on solitary white hunters. [5]

There was a number of massacres of Aboriginal Australians during this time, notably the Cape Grim massacre of 1828, in which a group of Aboriginal Tasmanians gathering food at a beach in the north-west of Tasmania is said to have been ambushed and shot by four Van Diemen's Land Company (VDLC) workers.

Penal settlement

From the 1800s to 1853, Van Diemen's Land was the primary penal colony in Australia. Following the suspension of transportation to New South Wales, all transported convicts were sent there; in total, about 73,000 convicts, or about 40%, of all convicts sent to Australia. [6]

Complaints from Victorians about recently released convicts from Van Diemen's Land re-offending in Victoria was one of the contributing reasons for the eventual abolition of transportation to Van Diemen's Land in 1853. [7]

Statistics

There were few reliable crime statistics recorded before 1824, partly because population counts did not include indigenous people nor all military officials, although both of these could be counted as offenders and victims. The law was then a hybrid of British law and military law. Local magistrates dealt with minor infringements and most convicts' offences, with more serious crime being dealt with in the New South Wales Court of Criminal Jurisdiction. Magistrates also managed policing, sentencing and recording within their districts. Much of the recorded crime was committed by convicts, and some of the categories are no longer relevant, such as bushranging and convicts absconding; also, some activities then considered acceptable are now criminal offences, under the Criminal Code (Tasmania) 1924. In 1823 the Supreme Court of Van Diemen's Land was created under the New South Wales Act 1823 and began operating in 1824. [8]

Police magistrates started getting paid in 1827. In the early years, the rate of conviction for crimes which demanded the death penalty (murder, bushranging, sheep and cattle stealing, housebreaking) was higher than corresponding rates in New South Wales. Rates of drunkenness and general misdemeanour among convicts were high but conviction rates for these gradually declined. [8]

After transportation to Van Diemen's Land ended in the 1850s, the colony was renamed Tasmania and its legal institutions moved away from the military model and began to develop characteristics of a civil justice system. Crime rates declined towards the end of the century. [8]

Crime and Punishment in the Colonies: A Statistical Profile (1986) [9] collates crime statistics for Tasmania from 1875, and shows a steep decline towards the end of the century in both the Supreme and magistrates' courts. Crime rates peaked in the late 1870s (about 3,600 convictions per 100,000 people), reducing to about 1500 by the late 1890s. [8]

20th century

In the first half of the 20th century, crime levels stabilised, with crimes against the person in the Magistrates Court recorded as 40-55 convictions per 100,000 people. In the Supreme Court the trend dipped around both world wars, then gradually increased in the 1940s to 13 by 1950. Different types of crimes showed different trends. [8]

After 1950, crime rates increased, peaking in the 1970s. New categories of offences relating to the use and effects of drugs other than alcohol, and also motor vehicles, contributed to this increase. In 2000, drug offences increased by 39 percent from the previous year. Other categories of crime fluctuated. [8]

21st century

Statistics: 2017-2018

According to the 2017-2018 national crime statistics, Tasmanians suffered slightly lower rates of crime against property (selected household crimes) and physical assault than the national average, but slightly higher rates of threatened assault. [10]

Within the state, offences against the person increased by 6% to 4,574 in 2017-18, with this result above the previous three-year average and reflecting an upward trend since 2012-13. Assault accounted for most of these offences. Sexual assaults reduced, were mostly committed without a weapon and 82% of victims were female. Robberies reduced, but were still higher than the three-year average. Just one murder was recorded, the lowest number since 1988-89. Offences against property decreased by 7%, with 20,430 recorded in 2017-18, with the 2017-18 result below the previous three-year average. All other types of offences also reduced, with the exception of fraud (2% up), in line with the clear upward trend since 2011-12. [11] Police clearance rates were up, to 51%, the highest rate in 45 years. There were 73 firearm incidents, higher than the previous three-year average. [12]

Outlaw motorcycle gangs

There were six outlaw motorcycle gangs in Tasmania with 18 chapters and about 259 members. [12]

Domestic violence

The number of family violence incidents continued to increase, with 3,385 incidents recorded. [12]

Youth crime

In 2018, concerns were raised about the young age of many offenders, with gang members being children as young as 12 years old. Tasmania Police Assistant Commissioner Glenn Frame said that 12-year-olds were now committing crimes such as stealing cars, rather than 17- to 18-year-olds. 2017-8 crime statistics showed that children were responsible for 29.4% of all home burglaries, 41.8% of all car break-ins, 23.4% of all business burglaries, 24.4% of all car thefts, 12.9% of assaults and 15.3% of all serious crime. Police subsequently made juvenile one of their key priorities, which included involvement of other government agencies such as education, justice and children's services. Former Chief Magistrate Michael Hill has advocated more therapeutic approaches to juvenile justice, agreeing that there was a need to get into the minds of at-risk children early, before they came before the courts. [13]

Notable crimes and criminals

Criminal justice system

The criminal justice system in Tasmania is administered by the Supreme Court of Tasmania and the Magistrates Court of Tasmania. The Supreme Court consists of a trial division, called the Criminal Court, and an appellate division conducting appeals from the Criminal Court, called the Court of Criminal Appeal. The Criminal Court sits at Hobart, Launceston and Burnie. The Court of Criminal Appeal sits only at Hobart. The Supreme Court also hears appellate proceedings, called Motions to Review, from the decisions of Magistrates. The Magistrates Court sits in its Criminal and General Division from four courthouses located in Burnie, Devonport, Launceston and Hobart, and additionally conducts occasional sittings from Huonville south of Hobart, Scottsdale in the north east of Tasmania, and from Whitemark on Flinders Island in the Bass Strait.

The state Department of Justice oversees the courts in Tasmania, as well as Births, Deaths & Marriages, Consumer Services, Worksafe, victim support, prison services, guardianship and other functions. [21]

Prisons

The Tasmania Prison Service is run by the state Department of Justice. [22]

Prisons

See also

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References

  1. ↑ "CRIMINAL CODE ACT 1924 - SECT 6 Prosecutions at common law abolished".
  2. ↑ Tasmania Police:Crime Statistics Supplement
  3. ↑ Nicholas Clements (24 April 2014). "Tasmania's Black War: a tragic case of lest we remember?". Honorary Research Associate, University of Tasmania. The Conversation. Retrieved 27 October 2016.
  4. ↑ "Black War: Australian History". Encyclopædia Britannica. Chatswood, NSW 2067, Australia: Encyclopædia Britannica. Retrieved 27 October 2016.{{cite encyclopedia}}: CS1 maint: location (link)
  5. ↑ Clements, Nicholas (2014), The Black War, Brisbane: University of Queensland Press, p. 36, ISBN   978-0-70225-006-4
  6. ↑ Maxwell-Stewart, Hamish. "The state, convicts and longitudinal analysis." Australian Historical Studies 47, no. 3 (2016): 414-429.
  7. ↑ Fletcher, B. H. (1994). 1770–1850. In S. Bambrick (Ed.), The Cambridge encyclopedia of Australia (pp. 86–94). Cambridge: Cambridge University Press.
  8. 1 2 3 4 5 6 Warner, Emily. Alison Alexander (ed.). "Crime". The companion to Tasmanian History. University of Tasmania. Centre for Tasmanian Historical Studies. Retrieved 24 February 2019.
  9. ↑ Satyanshu Kumar Mukherjee (1986). Crime and Punishment in the Colonies: A Statistical Profile. Historical statistics monograph, 6. Kensington, NSW: History Project Inc. ISBN   0949776289.
  10. ↑ "4530.0 - Crime Victimisation, Australia, 2017-18". Australian Bureau of Statistics. 13 February 2019. Retrieved 24 February 2019.
  11. ↑ "2017-18 crime statistics supplement" (PDF). Tasmanian Government. Department of Police, Fire and Emergency Management. 2018. Retrieved 24 February 2019.
  12. 1 2 3 Bailey, Sue (17 October 2018). "Tasmania police clean up as crime rate is down". The Examiner. Retrieved 25 February 2019.
  13. ↑ Bevin, Edith (9 November 2018). "Youth crime fears in Tasmania as gang of children blamed for string of offences". Australian Broadcasting Corporation News. Retrieved 25 February 2019.
  14. ↑ Robson, L. L.; Ward, Russel (1966). "Cash, Martin (1808–1877)". Australian Dictionary of Biography . Vol. 1. National Centre of Biography, Australian National University. ISSN   1833-7538 . Retrieved 8 August 2015.{{cite encyclopedia}}: CS1 maint: multiple names: authors list (link)
  15. ↑ "Confession of "Rocky" Whelan : Discovery of the body of the murdered". Courier. 27 June 1855. Retrieved 26 December 2018.
  16. ↑ Shakespeare, N (2010) In Tasmania: Adventures at the End of the World, Random House, P270
  17. ↑ "I have a theory how child-abuser killed innocent girl". The Mercury. Retrieved 1 February 2019.
  18. ↑ Prior, Flip; Cowan, Sean (7 June 2014). "Cold case probe 40 years on". The West Australian. Retrieved 25 February 2019.
  19. ↑ Wainwright, Robert; Totaro, Paola (27 April 2009). "A dangerous mind: what turned Martin Bryant into a mass murderer?". The Sydney Morning Herald . Fairfax Media . Retrieved 12 October 2014.
  20. ↑ "Comments on Passing Sentence, 27 October 2010".
  21. ↑ "Department of Justice". Tasmanian Government. Department of Justice. Retrieved 2 April 2019.
  22. ↑ "Tasmania Prison Service". Tasmanian Government. Department of Justice. Retrieved 2 April 2019.
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