❓ Provides data on convictions under WA's new retail crime laws (assault on retail workers) since July 1, 2024, including custodial and non-custodial sentences. Data on serial shoplifting convictions is unavailable due to system limitations.
AnsweredQoN 48Legislative Assembly
QuestionView source ↗
Since the enactment of the new retail crime laws (assault retail workers offence) on July 1, 2024: (a) How many individuals have been convicted under the new provisions for assaults on retail workers; (b) How many individuals have been convicted under the new provisions for serial shoplifting offences; (c) Of those convicted, how many have received custodial sentences of: (i) 6 months or less; (ii) More than 6 months up to 12 months; (iii) More than 12 months up to 18 months; (iv) More than 18 months up to 24 months; (v) More than 24 months up to 36 months; and (vi) More than 36 months; (d) Of those convicted, how many received the following non-custodial sentences: (i) Fines; (ii) Community-based orders; (iii) Both; and (iv) Any other type of non-custodial order (with the type listed); and (e) What is the average length of custodial sentences imposed for: (i) Assaults on retail workers under the new provisions; and (ii) Serial shoplifting offences under the new provisions?
AnswerView source ↗
Answered
25 June 2025
Response time
11 days
(a) 98.
Counting rules:
This is a count of distinct persons having a conviction for one or more charges under s318B of the Criminal Code (WA) (the Criminal Code) between 1 July 2024 and 26 May 2025.
(b) This data is unable to be supplied as it cannot be interrogated in the Courts’ case management system.
This question refers to section 426A of the Criminal Code, which provides for when summary conviction penalties do not apply to stealing offences under section 378 of the Criminal Code.
The Court’s case management system does not specifically identify stealing charges that are laid for ‘shoplifting offences’. Manual interrogation of all stealing charge data would be required to answer this question.
(c) :
(i)
12
(ii)
4
(iii) – (vi)
0
Counting rules:
This is a count of distinct accused from answer a) where a penalty of imprisonment was imposed. The total effective sentence imposed on an accused on the same day for other offences is not counted.
(d):
(i)
28
(ii)
24
(iii)
0
(iv)
1
Partially Suspended Imprisonment
4
Intensive Supervision Order
7
Intensive Youth Supervision Order
8
Conditional Suspended Imprisonment Order
3
Suspended Imprisonment Order
2
Juvenile Good Behaviour Bond
2
Suspended Fine
6
No Punishment Imposed – s. 67 of the Young Offenders Act 1994 *
1
No Punishment – s.46 of the Sentencing Act 1995
Counting rules:
This is a count of distinct accused from answer a) where a non-custodial sentence was imposed.
Four individuals received two sentence types each and are counted twice in answer d).
*Outcome type of No Punishment Imposed – s. 67 Young Offenders Act 1994 does not mean ‘no punishment’. It reflects ‘other’ punishment, usually time in custody.
(e):
(i)
5 months
(ii)
This relates to Question (b) and as such, data is unable to be provided.
Counting rules:
This is the average length of custodial sentences imposed for s318B offence/s only. The total effective sentence imposed on an accused on the same day for other offences is not counted.
Counting rules:
This is a count of distinct persons having a conviction for one or more charges under s318B of the Criminal Code (WA) (the Criminal Code) between 1 July 2024 and 26 May 2025.
(b) This data is unable to be supplied as it cannot be interrogated in the Courts’ case management system.
This question refers to section 426A of the Criminal Code, which provides for when summary conviction penalties do not apply to stealing offences under section 378 of the Criminal Code.
The Court’s case management system does not specifically identify stealing charges that are laid for ‘shoplifting offences’. Manual interrogation of all stealing charge data would be required to answer this question.
(c) :
(i)
12
(ii)
4
(iii) – (vi)
0
Counting rules:
This is a count of distinct accused from answer a) where a penalty of imprisonment was imposed. The total effective sentence imposed on an accused on the same day for other offences is not counted.
(d):
(i)
28
(ii)
24
(iii)
0
(iv)
1
Partially Suspended Imprisonment
4
Intensive Supervision Order
7
Intensive Youth Supervision Order
8
Conditional Suspended Imprisonment Order
3
Suspended Imprisonment Order
2
Juvenile Good Behaviour Bond
2
Suspended Fine
6
No Punishment Imposed – s. 67 of the Young Offenders Act 1994 *
1
No Punishment – s.46 of the Sentencing Act 1995
Counting rules:
This is a count of distinct accused from answer a) where a non-custodial sentence was imposed.
Four individuals received two sentence types each and are counted twice in answer d).
*Outcome type of No Punishment Imposed – s. 67 Young Offenders Act 1994 does not mean ‘no punishment’. It reflects ‘other’ punishment, usually time in custody.
(e):
(i)
5 months
(ii)
This relates to Question (b) and as such, data is unable to be provided.
Counting rules:
This is the average length of custodial sentences imposed for s318B offence/s only. The total effective sentence imposed on an accused on the same day for other offences is not counted.
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