Sentencing Snapshot no. 274 describes sentencing outcomes for the offence of manslaughter in the County and Supreme Courts of Victoria from 2017-18 to 2021-22.
This is the latest Snapshot for this offence.
You can access case summaries for manslaughter from the Judicial College of Victoria’s Sentencing Manual Case Summaries.
You can also access statistics for manslaughter on SACStat.
Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2023
Snapshot 274: Manslaughter
Introduction
This Sentencing Snapshot describes sentencing outcomes[1] for the offence of manslaughter in the County and Supreme Courts of Victoria (the higher courts) from 2017-18 to 2021-22.[2] Adjustments made by the Court of Appeal to sentence or conviction as at December 2022 have been incorporated into the data in this Snapshot.
Detailed data on manslaughter and other offences is available on Sentencing Advisory Council Statistics (SACStat).
The offence of manslaughter applies when a person kills another person in circumstances where the offender's culpability is less than that required to constitute murder.[3] Manslaughter is an indictable offence that carries a maximum penalty of 25 years' imprisonment and/or a fine of 2,400 penalty units.[4] Prior to 1 July 2020, the maximum penalty was 20 years' imprisonment.[5]
Manslaughter is a category 2 offence if it was committed on or after 20 March 2017.[6] Courts must impose custodial sentences for category 2 offences except in particular circumstances.
This Snapshot focuses on cases where manslaughter was the principal offence, that is, cases where manslaughter was the offence that received the most severe sentence.[7]
Manslaughter was the principal offence in 2.5% of cases sentenced in the higher courts between 2017-18 and 2021-22.
Effect of COVID-19 on sentencing data
The data in this Snapshot is likely to have been affected by the COVID-19 pandemic. For instance:
- the number of people sentenced since March 2020 may be lower than in previous years because the pandemic caused delays in court proceedings;
- prison sentences may be shorter than in previous years to reflect the combined effect of:
- guilty pleas having an 'augmented mitigatory effect' (Worboyes v The Queen [2021] VSCA 169) because they help to relieve the strain on the justice system; and
- the experience of prison being more burdensome due to increased stress on prisoners and their families and changes in custodial conditions.
People sentenced
From 2017-18 to 2021-22, 88 people were sentenced in the higher courts for a principal offence of manslaughter.
Figure 1 shows the number of people sentenced for the principal offence of manslaughter by financial year. There were 15 people sentenced for this offence in 2021-22, down from 20 in the previous year. The number of people sentenced was highest in 2018-19 (23 people) and lowest in 2017-18, 2019-20 and 2021-22 (15 people in each year).
Figure 1: The number of people sentenced for manslaughter by financial year
| Financial year | Number |
|---|---|
| 2017-18 | 15 |
| 2018-19 | 23 |
| 2019-20 | 15 |
| 2020-21 | 20 |
| 2021-22 | 15 |
| Total | 88 |
Sentence types and trends
Figure 2 shows the proportion of people who received an immediate custodial sentence or non-custodial sentence for the principal offence of manslaughter.
Figure 2: The percentage of people who received an immediate custodial sentence or non-custodial sentence for manslaughter by financial year
| Financial Year | Immediate custodial sentence |
|---|---|
| 2017-18 | 100.0% |
| 2018-19 | 100.0% |
| 2019-20 | 100.0% |
| 2020-21 | 100.0% |
| 2021-22 | 100.0% |
An immediate custodial sentence involves at least some element of immediate imprisonment or detention.[8] Over the five-year period, all people sentenced for the principal offence of manslaughter were given an immediate custodial sentence.
Table 1 shows the principal sentence types imposed for manslaughter from 2017-18 to 2021-22. The principal sentence is the most serious sentence type imposed for the principal offence.[9] Over the five-year period, most people sentenced for manslaughter received a principal sentence of imprisonment (96.6% or 85 of 88 people). All of the remaining people received a youth justice centre order (3.4% or 3 people).
Table 1: The number and percentage of people sentenced for manslaughter by principal sentence type and financial year
| Sentence type | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Imprisonment | 15 (100.0%) | 23 (100.0%) | 13 (86.7%) | 20 (100.0%) | 14 (93.3%) | 85 (96.6%) |
| Youth justice centre order | 0 (0.0%) | 0 (0.0%) | 2 (13.3%) | 0 (0.0%) | 1 (6.7%) | 3 (3.4%) |
| Total people sentenced | 15 | 23 | 15 | 23 | 15 | 88 |
Principal and total effective sentences of imprisonment
The following sections analyse the use of imprisonment for the offence of manslaughter from 2017-18 to 2021-22.
The principal sentence applies to a single offence at a charge level.
The total effective sentence is the sentence imposed for all charges in a case and applies at a case level. Where a case involves multiple charges, the total effective sentence will be either the same as or longer than the principal sentence.
Principal sentence of imprisonment
All 85 people who received a principal sentence of imprisonment for manslaughter received a non-aggregate imprisonment term, that is, the imprisonment term was not part of an aggregate sentence.[10] The lengths of these imprisonment terms are shown in Figure 3. Imprisonment terms ranged from 5 years to 13 years, while the median length was 9 years (meaning that half of the imprisonment terms were below 9 years and half were above).
The most common range of imprisonment terms was 9 to less than 10 years (23 people).
Figure 3: The number of principal sentences of imprisonment for manslaughter, by range of imprisonment lengths, 2017-18 to 2021-22
| Imprisonment length | Number |
|---|---|
| 5 to less than 6 years | 7 |
| 6 to less than 7 years | 4 |
| 7 to less than 8 years | 13 |
| 8 to less than 9 years | 10 |
| 9 to less than 10 years | 23 |
| 10 to less than 11 years | 12 |
| 11 to less than 12 years | 11 |
| 12 to less than 13 years | 3 |
| 13 to less than 14 years | 2 |
| Total | 85 |
Figure 4 shows that the average length of imprisonment imposed on people sentenced for manslaughter ranged from 7 years and 7 months in 2019-20 to 9 years and 6 months in 2018-19. Over the five years, the average length of imprisonment for manslaughter was 8 years and 9 months.
Figure 4: The average length of imprisonment imposed on people sentenced for manslaughter, by financial year
| Financial year | Number | Average |
|---|---|---|
| 2017-18 | 15 | 9 years and 0 months |
| 2018-19 | 23 | 9 years and 6 months |
| 2019-20 | 13 | 7 years and 7 months |
| 2020-21 | 20 | 8 years and 7 months |
| 2021-22 | 14 | 8 years and 10 months |
Total effective sentences of imprisonment
Figure 5 shows the number of people sentenced to imprisonment for manslaughter by the length of their total effective sentence. Total effective sentences ranged from 5 years to 13 years and 6 months,[11] while the median total effective sentence was 9 years (meaning that half of the total effective sentences were below 9 years and half were above).
The most common range of total effective sentences was 9 to less than 10 years (19 people).
Figure 5: The number of people sentenced to imprisonment for manslaughter by length of total effective sentence, 2017-18 to 2021-22
| Total effective imprisonment length | Number |
|---|---|
| 5 to less than 6 years | 7 |
| 6 to less than 7 years | 4 |
| 7 to less than 8 years | 13 |
| 8 to less than 9 years | 10 |
| 9 to less than 10 years | 19 |
| 10 to less than 11 years | 14 |
| 11 to less than 12 years | 10 |
| 12 to less than 13 years | 3 |
| 13 to less than 14 years | 5 |
| Total | 85 |
Non-parole periods
If a person is sentenced to an immediate imprisonment term of less than 1 year, the court cannot impose a non-parole period. For imprisonment terms between 1 year and less than 2 years, the court has the discretion to fix a non-parole period. For imprisonment terms of 2 years or more, the court must impose a non-parole period in most circumstances. If the court fixes a non-parole period, the person must serve that period before becoming eligible for parole. If the court does not set a non-parole period, the person must serve the entirety of their imprisonment term in custody.
All 85 people sentenced to imprisonment for manslaughter were eligible to have a non-parole period imposed, and all were given a non-parole period.
Figure 6 shows the lengths of those non-parole periods. Non-parole periods ranged from 2 years to 10 years, while the median non-parole period was 6 years (meaning that half of the non-parole periods were below 6 years and half were above).
The most common range of non-parole periods was 6 to less than 7 years (19 people).
Figure 6: The number of people sentenced to imprisonment for manslaughter by length of non-parole period, 2017-18 to 2021-22
| Non-parole period | Number |
|---|---|
| 2 to less than 3 years | 2 |
| 3 to less than 4 years | 6 |
| 4 to less than 5 years | 10 |
| 5 to less than 6 years | 16 |
| 6 to less than 7 years | 19 |
| 7 to less than 8 years | 13 |
| 8 to less than 9 years | 10 |
| 9 to less than 10 years | 4 |
| 10 to less than 11 years | 5 |
| Total | 85 |
Average total effective sentences of imprisonment and non-parole periods
Figure 7 represents the average total effective sentences and non-parole periods for the 85 people who were sentenced to imprisonment for manslaughter.
From 2017-18 to 2021-22, the average total effective sentence ranged from 7 years and 7 months in 2019-20 to 9 years and 7 months in 2018-19. Over the same period, the average non-parole period ranged from 5 years and 2 months in 2019-20 to 7 years in 2018-19.
Figure 7: The average total effective sentences and non-parole periods for people sentenced to imprisonment with a non-parole period for manslaughter by financial year
| Financial year | Number | Average total effective sentence length | Average non-parole period |
|---|---|---|---|
| 2017-18 | 15 | 9 years and 2 months | 6 years and 2 months |
| 2018-19 | 23 | 9 years and 7 months | 7 years and 0 months |
| 2019-20 | 13 | 7 years and 7 months | 5 years and 2 months |
| 2020-21 | 20 | 8 years and 10 months | 6 years and 0 months |
| 2021-22 | 14 | 9 years and 1 month | 6 years and 0 months |
Other offences finalised at the same hearing
Sometimes people prosecuted for manslaughter face multiple charges, which are finalised at the same hearing. This section looks at the range of offences that offenders were sentenced for alongside the principal offence of manslaughter.
Figure 8 shows the number of people sentenced for the principal offence of manslaughter by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 8, and the median was 1 offence. There were 73 people (83.0%) sentenced for the single offence of manslaughter. The average number of offences per person was 1.4.
Figure 8: The number of people sentenced for the principal offence of manslaughter by the number of sentenced offences per person, 2017-18 to 2021-22
| Number of offences | Number of people |
|---|---|
| 1 | 73 |
| 2 | 9 |
| 3 | 1 |
| 4 | 1 |
| 5-8 | 4 |
| Total | 88 |
Table 2 shows the 10 most common offences, by number and percentage, for people sentenced for manslaughter. The last column sets out the average number of offences sentenced per person. For example, 4 of the total 88 people (4.5%) also received sentences for theft. On average, they were sentenced for 2 charges of theft per case.
Table 2: The number and percentage of people sentenced for the principal offence of manslaughter by the most common offences that were sentenced alongside manslaughter, 2017-18 to 2021-22
| Offence | Number of cases | Percentage of cases | Average number of proven offences per case |
|---|---|---|---|
| 1. Manslaughter | 88 | 100.0% | 1.0 |
| 2. Theft | 4 | 4.5% | 2.0 |
| 3. Intentionally cause serious injury | 4 | 4.5% | 1.0 |
| 4. Common law assault | 3 | 3.4% | 2.7 |
| 5. Arson | 2 | 2.3% | 1.0 |
| 6. Intentionally cause injury | 2 | 2.3% | 1.0 |
| 7. Attempted robbery | 2 | 2.3% | 1.0 |
| 8. Commit indictable offence whilst on bail | 1 | 1.1% | 1.0 |
| 9. Possess a drug of dependence | 1 | 1.1% | 1.0 |
| 10. Prohibited person possess/use/carry a firearm | 1 | 1.1% | 1.0 |
| People sentenced | 88 | 100.0% | 1.4 |
Summary
From 2017-18 to 2021-22, 88 people were sentenced for manslaughter in the higher courts. All of these people received an immediate custodial sentence, 85 of which (96.6%) were principal sentences of imprisonment. The other 3 were youth justice centre orders (3.4%).
The median length of both principal sentences of imprisonment and total effective sentences of imprisonment was 9 years. On average, people sentenced for manslaughter were found guilty of 1.4 offences each, with a maximum of 8 offences.
Total effective sentences ranged from 5 years to 13 years and 6 months, and non-parole periods ranged from 2 years to 10 years.
Further data for this offence is available on SACStat.
Endnotes
1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 249, which describes sentencing trends for manslaughter between 2015-16 and 2019-20.
2. Data on first-instance sentencing outcomes presented in this Snapshot was obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute, and was also provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this Snapshot is accurate, the data is subject to revision.
3. Deaths caused by the culpable driving of a motor vehicle are not covered by the offence of manslaughter.
4. Crimes Act 1958 (Vic) s 5.
5. The maximum penalty was increased by section 3 of the Crimes Amendment (Manslaughter and Related Offences) Act 2020 (Vic).
6. Sentencing Act 1991 (Vic) ss 3(1)(a) (definition of category 2 offence), 5(2H)-(2I).
7. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy.
8. For the principal offence of manslaughter, custodial sentences included imprisonment and youth justice centre orders.
9. For example, if the principal offence receives a sentence of imprisonment combined with a community correction order, imprisonment is the principal sentence.
10. A court may impose an aggregate sentence of imprisonment upon multiple charges sentenced at the same time. These sentences are a single imprisonment term in which the parts of the term attributable to the individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences.
11. The longest total effective sentences of imprisonment in cases involving manslaughter as the principal offence were imposed in R v Horton [2021] VSC 396 (13 years and 6 months); Vu v The Queen [2020] VSCA 59 (13 years and 6 months), reduced on appeal from The Queen v Vu [2018] VSC 732; DPP v Ristevski [2019] VSCA 287 (13 years), increased on appeal from DPP v Ristevski [2019] VSC 253; DPP v Smith [2018] VSC 684 (13 years); The Queen v McKnight [2017] VSC 782 (13 years).
