Culpable driving causing death

Crimes Act 1958 (Vic) s 318(1)

Higher courts sentencing outcomes, 1 July 2017 to 30 June 2022

Charge data

In the higher courts, 87 charges of culpable driving causing death were sentenced in the five years to 30 June 2022. The most common sentence for a charge of this offence was imprisonment (98%, or 86 of 87 charges).

The shortest prison sentence was 3 years, the longest was 10 years, and the median was 8 years, meaning that half of the prison sentences were below 8 years and half were above.

On SACStat, a charge is a single count of a sentenced offence. Charge data is most useful in understanding how a specific crime is usually sentenced.

Case data

In 73 cases sentenced in the higher courts in the five years to 30 June 2022, culpable driving causing death was the principal proven offence (the most serious crime) in the case. In the 73 cases, 64 people were male and 9 people were female. The most common sentence was imprisonment (98%, or 72 of 73 cases).

The shortest prison sentence was 3 years, the longest was 18.5 years, and the median was 8.29 years, meaning that half of the prison sentences were below 8.29 years and half were above.

The shortest non-parole period was 1 year, the longest was 14.5 years, and the median was 5 years, meaning that half of the non-parole periods were below 5 years and half were above.

A case is a collection of one or more charges against a person or company sentenced at the one hearing. Case data is most useful in understanding the total sentence usually imposed on people found guilty of a particular crime.

Standard sentencing

Culpable driving causing death is a standard sentence offence with a standard sentence of 8 years' imprisonment if committed on or after 1 February 2018.

For the 51 charges dealt with as a standard sentence offence, 50 received imprisonment. For the 50 charges, the shortest prison sentence was 3 years, the longest was 10 years, and the median was 8.5 years, meaning that half of the prison sentences were below 8.5 years and half were above.

In the 41 cases where culpable driving causing death was dealt with as a standard sentence offence, imprisonment was imposed in 40 cases. In those 40 cases, the shortest prison sentence was 3 years, the longest was 18.5 years, and the median was 9.62 years, meaning that half of the prison sentences were below 9.62 years and half were above.

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Figure 1: Sentencing outcomes for all charges of culpable driving causing death (87 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for charges
Figure 2: Imprisonment lengths for charges of culpable driving causing death (85 charges)

Range and median: The minimum imprisonment length is 3 years, the maximum is 10 years, and the median is 8 years, meaning that half of the imprisonment lengths are below 8 years and half are above.

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of imprisonment for charges
Figure 6: Sentencing outcomes for charges of culpable driving causing death by financial year (87 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for charges by financial year
Figure 7: Number of charges of culpable driving causing death by financial year (87 charges)
Bar graph of charges by financial year
Figure 8: Average imprisonment lengths for charges of culpable driving causing death by financial year (85 charges)

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of imprisonment for charges by financial year
Figure 11A: Sentencing outcomes for all people for cases of culpable driving causing death (73 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes
Figure 11B: Sentencing outcomes for males for cases of culpable driving causing death (64 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for males
Figure 11D: Sentencing outcomes for people aged under 25 for cases of culpable driving causing death (26 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for people aged under 25
Figure 11E: Sentencing outcomes for people aged 25 to 54 for cases of culpable driving causing death (41 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes for people aged 25 to 54
Figure 12A: Imprisonment lengths for all people for cases of culpable driving causing death (72 cases), including imprisonment only (72 cases) and imprisonment combined with a community correction order (CCO) (0 cases)

Range and median: The minimum imprisonment length is 3 years, the maximum is 18.5 years, and the median is 8.29 years, meaning that half of the imprisonment lengths are below 8.29 years and half are above.

Bar graph of imprisonment
Figure 12B: Imprisonment lengths for males for cases of culpable driving causing death (63 cases)

Range and median: The minimum imprisonment length is 3 years, the maximum is 18.5 years, and the median is 8.5 years, meaning that half of the imprisonment lengths are below 8.5 years and half are above.

Bar graph of imprisonment for males
Figure 12D: Imprisonment lengths for people aged under 25 for cases of culpable driving causing death (25 cases)

Range and median: The minimum imprisonment length is 3 years, the maximum is 14 years, and the median is 8.67 years, meaning that half of the imprisonment lengths are below 8.67 years and half are above.

Bar graph of imprisonment for people aged under 25
Figure 12E: Imprisonment lengths for people aged 25 to 54 for cases of culpable driving causing death (41 cases)

Range and median: The minimum imprisonment length is 3.25 years, the maximum is 18.5 years, and the median is 8.08 years, meaning that half of the imprisonment lengths are below 8.08 years and half are above.

Bar graph of imprisonment for people aged 25 to 54
Figure 12G: Imprisonment lengths without a community correction order (CCO) for cases of culpable driving causing death (72 cases)

Range and median: The minimum imprisonment length is 3 years, the maximum is 18.5 years, and the median is 8.29 years, meaning that half of the imprisonment lengths are below 8.29 years and half are above.

Bar graph of imprisonment without a community correction order
Figure 13A: Non-parole periods for all people for cases of culpable driving causing death (72 cases)

Range and median: The minimum non-parole period is 1 year, the maximum is 14.5 years, and the median is 5 years, meaning that half of the non-parole periods are below 5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods
Figure 13B: Non-parole periods for males for cases of culpable driving causing death (63 cases)

Range and median: The minimum non-parole period is 1 year, the maximum is 14.5 years, and the median is 5.67 years, meaning that half of the non-parole periods are below 5.67 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for males
Figure 13D: Non-parole periods for people aged under 25 for cases of culpable driving causing death (25 cases)

Range and median: The minimum non-parole period is 1 year, the maximum is 9.5 years, and the median is 5 years, meaning that half of the non-parole periods are below 5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for people aged under 25
Figure 13E: Non-parole periods for people aged 25 to 54 for cases of culpable driving causing death (41 cases)

Range and median: The minimum non-parole period is 1 year, the maximum is 14.5 years, and the median is 5.5 years, meaning that half of the non-parole periods are below 5.5 years and half are above.

Note: Imprisonment terms do not include a community correction order.

Bar graph of non-parole periods for people aged 25 to 54
Figure 18A: Sentencing outcomes for all people for cases of culpable driving causing death by financial year (73 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes by financial year
Figure 18B: Sentencing outcomes for males for cases of culpable driving causing death by financial year (64 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of sentencing outcomes by financial year for males
Figure 18D: Sentencing outcomes for people aged under 25 for cases of culpable driving causing death by financial year (26 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of yearly sentences for people aged under 25
Figure 18E: Sentencing outcomes for people aged 25 to 54 for cases of culpable driving causing death by financial year (41 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders. Historical offences may include suspended sentences.

Bar graph of yearly sentences for people aged 25 to 54
Figure 19A: Number of cases of culpable driving causing death by financial year for all people (73 cases)
Bar graph of cases by financial year for all people
Figure 19B: Number of cases of culpable driving causing death by financial year for males (64 cases)
Bar graph of cases by financial year for males
Figure 19D: Number of cases of culpable driving causing death by financial year for people aged under 25 (26 cases)
Bar graph of cases by financial year for people aged under 25
Figure 19E: Number of cases of culpable driving causing death by financial year for people aged 25 to 54 (41 cases)
Bar graph of cases by financial year for people aged 25 to 54
Figure 20A: Average imprisonment lengths for cases of culpable driving causing death by financial year (72 cases)
Bar graph of imprisonment by financial year
Figure 20B: Average imprisonment lengths without a community correction order (CCO) for cases of culpable driving causing death by financial year (72 cases)
Bar graph of yearly prison sentences without a CCO
Figure 20C: Average imprisonment lengths and non-parole periods (NPPs) for cases of culpable driving causing death by financial year (72 cases)

Note: NPP Cases in the graph indicates that only cases with a non-parole period are included.

Bar graph of imprisonment and non-parole periods by financial year
Figure 22A: Ages of offenders (where age is known) for cases of culpable driving causing death (73 cases)
Bar graph of ages of offenders
Figure 22B: Gender of offenders (where gender is known) for cases of culpable driving causing death (73 cases)
Bar graph of gender of offenders
Figure 22C: Number of charges per case (of any sentenced offence) for cases of culpable driving causing death (73 cases)
Bar graph of charges in case
Figure 23: Sentencing outcomes for charges of standard sentence offences of culpable driving causing death (51 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders.

Bar graph of charges of standard sentences
Figure 24: Imprisonment lengths for charges of standard sentence offences of culpable driving causing death (50 charges)

Range and median: The minimum imprisonment length is 3 years, the maximum is 10 years, and the median is 8.5 years, meaning that half of the imprisonment lengths were below 8.5 years and half were above.

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of charges of standard sentences receiving imprisonment
Figure 25: Sentencing outcomes for charges of standard sentence offences of culpable driving causing death by financial year (51 charges)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders.

Bar graph of outcomes for charges of standard sentences by financial year
Figure 26: Number of charges of standard sentence offences of culpable driving causing death by financial year (51 charges)
Bar graph of charges of standard sentences by financial year
Figure 27: Average imprisonment lengths for charges of standard sentence offences of culpable driving causing death by financial year (50 charges)

Note: The graph only includes imprisonment that was not part of an aggregate sentence (non-aggregate imprisonment).

Bar graph of charges of standard sentence imprisonment by financial year
Figure 28: Sentencing outcomes for cases of standard sentence offences of culpable driving causing death (41 cases)

Note: The graph only includes data for the most severe sentence imposed for the charge. For example, only imprisonment is included for combined orders of imprisonment and a community correction order. Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders.

Bar graph of cases of standard sentences
Figure 29: Imprisonment lengths for cases of standard sentence offences of culpable driving causing death (40 cases)

The minimum imprisonment length is 3 years, the maximum is 18.5 years, and the median is 9.62 years, meaning that half of the imprisonment lengths were below 9.62 years and half were above.

Bar graph of cases of standard sentence imprisonment
Figure 30: Non-parole periods for cases of standard sentence offences of culpable driving causing death (40 cases)

The minimum non-parole period is 1 years, the maximum is 14.5 years, and the median is 6 years, meaning that half of the non-parole periods were below 6 years and half were above.

Note: Imprisonment terms do not include imprisonment combined with a community correction order.

Bar graph of standard sentence non-parole periods
Figure 31: Sentencing outcomes for cases of standard sentence offences of culpable driving causing death by financial year (41 cases)

Note: Other in the graph may include probation, recognizance release orders (for Commonwealth offences) and residential treatment orders.

Bar graph of outcomes for standard sentences by financial year
Figure 32: Number of cases of standard sentence offences of culpable driving causing death by financial year (41 cases)
Bar graph of cases of standard sentences by financial year
Figure 33A: Average imprisonment lengths for standard sentence offences for cases of culpable driving causing death by financial year (40 cases)
Bar graph of standard sentence imprisonment by financial year
Figure 33B: Average imprisonment lengths and non-parole periods (NPPs) for cases of standard sentence offences of culpable driving causing death by financial year (40 cases)

Note: NPP Cases in the graph indicates that only cases with a non-parole period are included.

Bar graph of yearly standard sentence imprisonment and non-parole periods