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Sentencing Snapshots on Homicide Offences Released

Today the Sentencing Advisory Council released four Sentencing Snapshots on murder, manslaughter, culpable driving causing death and making a threat to kill.

The reports contain statistics on sentencing outcomes for people sentenced for these offences in the higher courts of Victoria between 2001-02 and 2005-06. The reports form part of a statistical series known as Sentencing Snapshots that presents summary statistics on sentencing in Victoria. The Sentencing Snapshots for murder, manslaughter and culpable driving causing death are updates of reports released in September 2005, which analysed sentencing data up to 2003-04.

The reports contain previously unpublished statistics on sentence types, lengths and non-parole periods, as well as the age and gender of people sentenced for these offences in the higher courts of Victoria. They also examine the range of offences finalised at the same sentencing hearing.

Sentencing trends for murder in the higher courts of Victoria

There were 152 people sentenced for the principal offence of murder in the higher courts between 2001-02 and 2005-06. This made up 1.5% of all cases sentenced in the higher courts. The report finds that the majority of the people sentenced over the five year period for the principal offence of murder received a period of imprisonment (91%). The lengths of imprisonment terms ranged from thirteen years with a non-parole period of ten years to life with no parole, while the most common sentence length was twenty years with a fifteen year non-parole period.

The trends in sentencing outcomes in this Snapshot are similar to those in the previous murder Snapshot that was released in September 2005. Imprisonment remains the most common sentencing outcome (91% in the current snapshot and 93% in the previous Snapshot), followed by custodial supervision orders (8% and 7%, respectively). Of the 152 people sentenced for murder, 122 were sentenced for the single offence only. The highest number of sentenced offences per person was five.

Sentencing trends for manslaughter in the higher courts of Victoria

There were 90 people sentenced for the principal offence of manslaughter in the higher courts between 2001-02 and 2005-06. This made up 0.9% of all cases sentenced in the higher courts. The report finds that the majority of the people sentenced over the five year period for the principal offence of manslaughter received a period of imprisonment (90%). The length of imprisonment terms ranged from three years with a non-parole period of one year to fifteen years with a non-parole period of thirteen years, while the most common sentence length was five years with a three year non-parole period. The next most common sentence type imposed was wholly suspended sentences (4%).

The trends in sentencing outcomes in this Snapshot are similar to those in the previous manslaughter Snapshot that was released in September 2005. Imprisonment remains the most common sentencing outcome (90% in the current snapshot and 87% in the previous Snapshot), followed by wholly suspended sentences (4% and 4%, respectively). Of the 90 people sentenced for manslaughter, 81 people were sentenced for the single offence only. The highest number of sentenced offences per person was six.

Sentencing trends for culpable driving causing death in the higher courts of Victoria

There were 134 people sentenced for the principal offence of culpable driving causing death in the higher courts between 2001-02 and 2005-06. This made up 1.3% of all cases sentenced in the higher courts. The report finds that the majority of the people sentenced over the five year period for the principal offence of culpable driving causing death received a period of imprisonment (81%). The length of imprisonment terms ranged from one year with a non-parole period of six months to fourteen years with a non-parole period of ten years and three months, while the most common sentence length was four years with a two year non-parole period. The next most common sentence types imposed were youth training centre orders (11%) and wholly suspended sentences (5%).

The trends in sentencing outcomes in this Snapshot are similar to those in the previous culpable driving causing death Snapshot that was released in September 2005. Imprisonment remains the most common sentencing outcome (81% in the current snapshot and 73% in the previous Snapshot), followed by youth training centre orders (11% and 9%, respectively). The five-year figure for the proportion of all sentences imposed for this offence that are imprisonment terms has thus increased somewhat since the original report was released. Each of the 134 people was sentenced for an average of 2.66 offences, including 1.16 offences of culpable driving causing death. The most common offence finalised in conjunction with culpable driving causing death was negligently causing serious injury (40.3% of all cases).

Sentencing trends for making a threat to kill in the higher courts of Victoria

There were 46 people sentenced for the principal offence of making a threat to kill in the higher courts between 2001-02 and 2005-06. Approximately 3% of people sentenced for the principal offence of making a threat to kill had their cases determined in the higher courts. This made up 0.5% of all cases sentenced in the higher courts. The report finds that around four in ten people sentenced over the five year period for the principal offence of making a threat to kill received a period of imprisonment (43%). The length of imprisonment terms ranged from twenty-two days with no non-parole period to six years with a non-parole period of four years and six months, while the most common sentence length was one year with a non-parole period of less than one year. The next most common sentence types imposed were wholly suspended sentences (28%) and community based orders (13%).

Each of the 46 people was sentenced for an average of 5.11 offences, including 1.41 offences of making a threat to kill. The most common offence finalised in conjunction with making a threat to kill was intentionally destroy/damage property (criminal damage) (30.4% of all cases).