Sentencing Snapshot no. 275 describes sentencing outcomes for the offence of culpable driving causing death 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 culpable driving causing death from the Judicial College of Victoria’s Sentencing Manual Case Summaries.
You can also access statistics for culpable driving causing death on SACStat.
Authored and published by the Sentencing Advisory Council
© State of Victoria, Sentencing Advisory Council, 2023
Snapshot 275: Culpable Driving Causing Death
Introduction
This Sentencing Snapshot describes sentencing outcomes[1] for the offence of culpable driving causing death 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 culpable driving causing death and other offences is available on Sentencing Advisory Council Statistics (SACStat).
This offence covers homicides caused by the culpable driving of a motor vehicle. This offence is committed when a person drives a motor vehicle negligently, recklessly or while under the influence of drugs or alcohol and causes the death of another person. Culpable driving causing death is an indictable offence that carries a maximum penalty of 20 years' imprisonment and/or a fine of 2,400 penalty units.[3]
Culpable driving causing death is a category 2 offence if it was committed on or after 28 October 2018.[4] Courts must impose a custodial sentence for category 2 offences except in particular circumstances. Culpable driving causing death is also a standard sentence offence if it was committed on or after 1 February 2018. This means that courts must take into account that a prison sentence of 8 years represents the middle of the range of objective seriousness for this offence.[5]
This Snapshot focuses on cases where culpable driving causing death was the principal offence, that is, cases where culpable driving causing death was the offence that received the most severe sentence.[6]
Culpable driving causing death was the principal offence in 2.1% 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, 73 people were sentenced in the higher courts for a principal offence of culpable driving causing death.
Figure 1 shows the number of people sentenced for the principal offence of culpable driving causing death by financial year. There were 13 people sentenced for this offence in 2021-22, down from 15 in the previous year. The number of people sentenced was highest in 2018-19 (19 people) and lowest in 2019-20 (12 people). There were 41 people whose offending attracted standard sentence offence classification.
Figure 1: The number of people sentenced for culpable driving causing death by financial year
| Financial year | Number | Standard sentence number |
|---|---|---|
| 2017-18 | 14 | 1 |
| 2018-19 | 19 | 3 |
| 2019-20 | 12 | 9 |
| 2020-21 | 15 | 15 |
| 2021-22 | 13 | 13 |
| Total | 73 | 41 |
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 culpable driving causing death.
Figure 2: The percentage of people who received an immediate custodial sentence and non-custodial sentence for culpable driving causing death 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.[7] All people sentenced for the principal offence of culpable driving causing death received an immediate custodial sentence.
Table 1 shows the principal sentence types imposed for culpable driving causing death from 2017-18 to 2021-22. The principal sentence is the most serious sentence type imposed for the principal offence.[8]
Over the five-year period, most people sentenced for culpable driving causing death received a principal sentence of imprisonment (98.6% or 72 of 73 people). The other person received a youth justice centre order (1.4%).
Table 1: The number and percentage of people sentenced for culpable driving causing death by principal sentence type and financial year
| Sentence type | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Non-standard sentence | ||||||
| Imprisonment | 13 (92.9%) | 16 (84.2%) | 3 (25.0%) | 0 (0.0%) | 0 (0.0%) | 32 (43.8%) |
| Standard sentence | ||||||
| Imprisonment | 1 (7.1%) | 3 (15.8%) | 9 (75.0%) | 15 (100.0%) | 12 (92.3%) | 40 (54.8%) |
| Youth justice centre order | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 1 (7.7%) | 1 (1.4%) |
| Total people sentenced | 14 | 19 | 12 | 15 | 13 | 73 |
Principal and total effective sentences of imprisonment
The following sections analyse the use of imprisonment for the offence of culpable driving causing death 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
Table 2 shows that a total of 72 people received a principal sentence of imprisonment for culpable driving causing death. Of these, 71 (98.6%) were non-aggregate imprisonment terms, that is, the imprisonment term was not part of an aggregate sentence.[9] None of the imprisonment terms were combined with a community correction order.
Table 2: The number and percentage of people sentenced to imprisonment for culpable driving causing death by sentence type and financial year
| Sentence type | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 | Total |
|---|---|---|---|---|---|---|
| Non-standard sentence | ||||||
| Imprisonment | 12 (85.7%) | 16 (84.2%) | 3 (25.0%) | 0 (0.0%) | 0 (0.0%) | 31 (43.1%) |
| Aggregate imprisonment | 1 (7.1%) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 0 (0.0%) | 1 (1.4%) |
| Standard sentence | ||||||
| Imprisonment | 1 (7.1%) | 3 (15.8%) | 9 (75.0%) | 15 (100.0%) | 12 (100.0%) | 40 (55.6%) |
| Total people sentenced | 14 | 19 | 12 | 15 | 12 | 72 |
Figure 3 shows the lengths of imprisonment for the 71 people who received a non-aggregate prison term. Imprisonment terms ranged from 3 years to 10 years, while the median length of imprisonment was 8 years (meaning that half of the imprisonment terms were below 8 years and half were above).
The most common range of imprisonment term lengths was 8 to less than 9 years (21 people).
Figure 3: The number of principal sentences of imprisonment for culpable driving causing death, by range of imprisonment lengths, 2017-18 to 2021-22
| Imprisonment length | Number | Standard sentence number |
|---|---|---|
| 3 to less than 4 years | 2 | 1 |
| 4 to less than 5 years | 0 | 0 |
| 5 to less than 6 years | 5 | 2 |
| 6 to less than 7 years | 11 | 2 |
| 7 to less than 8 years | 12 | 6 |
| 8 to less than 9 years | 21 | 13 |
| 9 to less than 10 years | 18 | 15 |
| 10 to less than 11 years | 2 | 1 |
| Total | 71 | 40 |
Figure 4 shows that the average length of imprisonment imposed for culpable driving causing death increased from 7 years and 2 months in 2017-18 to 7 years and 10 months in 2021-22. Over the five years, the average length of imprisonment for culpable driving causing death was 7 years and 7 months.
Figure 4: The average length of imprisonment imposed on people sentenced for culpable driving causing death, by financial year
| Financial year | Number | Standard sentence number | Average | Standard sentence average |
|---|---|---|---|---|
| 2017-18 | 13 | 1 | 7 years and 2 months | 6 years and 0 months |
| 2018-19 | 19 | 3 | 7 years and 1 month | 8 years and 4 months |
| 2019-20 | 12 | 9 | 7 years and 9 months | 8 years and 0 months |
| 2020-21 | 15 | 15 | 8 years and 1 month | 8 years and 1 month |
| 2021-22 | 12 | 12 | 7 years and 10 months | 7 years and 10 months |
The lengths of imprisonment imposed when culpable driving causing death was a standard sentence offence are presented separately because courts sentencing standard sentence offences 'must only have regard to sentences previously imposed for the offence as a standard sentence offence'.[10] Courts sentencing non-standard sentence offences must have regard to sentences imposed when the offence both was and was not a standard sentence offence.
Total effective sentences of imprisonment
Figure 5 shows the lengths of total effective sentences imposed on people sentenced to imprisonment for the principal offence of culpable driving causing death. Total effective sentences ranged from 3 years to 18 years,[11] while the median total effective sentence was 8 years and 3 months (meaning that half of the total effective sentences were below 8 years and 3 months, and half were above).
The most common range of total effective sentences was 8 to less than 9 years (14 people).
Figure 5: The number of people sentenced to imprisonment for culpable driving causing death by length of total effective sentence, 2017-18 to 2021-22
| Total effective imprisonment length | Number | Standard sentence number |
|---|---|---|
| 3 to less than 4 years | 2 | 1 |
| 4 to less than 5 years | 0 | 0 |
| 5 to less than 6 years | 5 | 2 |
| 6 to less than 7 years | 6 | 2 |
| 7 to less than 8 years | 13 | 5 |
| 8 to less than 9 years | 14 | 6 |
| 9 to less than 10 years | 9 | 6 |
| 10 to less than 11 years | 7 | 6 |
| 11 to less than 12 years | 9 | 7 |
| 12 to less than 13 years | 2 | 1 |
| 13 to less than 14 years | 4 | 3 |
| 14 to less than 15 years | 0 | 0 |
| 15 to less than 16 years | 0 | 0 |
| 16 to less than 17 years | 0 | 0 |
| 17 to less than 18 years | 0 | 0 |
| 18 to less than 19 years | 1 | 1 |
| Total | 72 | 40 |
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 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 72 people who were sentenced to imprisonment for culpable driving causing death were eligible for a non-parole period, and all were given a non-parole period.
Figure 6 shows the lengths of those non-parole periods. Non-parole periods ranged from 1 year to 14 years and 6 months, while the median non-parole period was 5 years (meaning that half of the non-parole periods were below 5 years and half were above).
The most common ranges of non-parole periods were 4 to less than 5 years and 5 to less than 6 years (15 people each).
Figure 6: The number of people sentenced to imprisonment for culpable driving causing death by length of non-parole period, 2017-18 to 2021-22
| Non-parole period | Number | Standard sentence number |
|---|---|---|
| 1 to less than 2 years | 2 | 1 |
| 2 to less than 3 years | 3 | 2 |
| 3 to less than 4 years | 6 | 2 |
| 4 to less than 5 years | 15 | 6 |
| 5 to less than 6 years | 15 | 7 |
| 6 to less than 7 years | 10 | 7 |
| 7 to less than 8 years | 9 | 6 |
| 8 to less than 9 years | 8 | 6 |
| 9 to less than 10 years | 3 | 2 |
| 10 to less than 11 years | 0 | 0 |
| 11 to less than 12 years | 0 | 0 |
| 12 to less than 13 years | 0 | 0 |
| 13 to less than 14 years | 0 | 0 |
| 14 to less than 15 years | 1 | 1 |
| Total | 72 | 40 |
Average total effective sentences of imprisonment and non-parole periods
Figure 7 shows the average total effective sentences and non-parole periods for the 72 people who were sentenced to imprisonment for culpable driving causing death.
From 2017-18 to 2021-22, the average total effective sentence ranged from 7 years and 10 months in 2018-19 to 10 years and 2 months in 2020-21. Over the same period, the average non-parole period ranged from 4 years and 11 months in 2018-19 to 6 years and 7 months in 2020-21.
Figure 7: The average total effective sentences and non-parole periods for people sentenced to imprisonment with a non-parole period for culpable driving causing death, by financial year
| Financial year | Number | Average total effective sentence length | Average non-parole period |
|---|---|---|---|
| 2017-18 | 14 | 8 years and 2 months | 5 years and 2 months |
| 2018-19 | 19 | 7 years and 10 months | 4 years and 11 months |
| 2019-20 | 12 | 8 years and 9 months | 5 years and 11 months |
| 2020-21 | 15 | 10 years and 2 months | 6 years and 7 months |
| 2021-22 | 12 | 8 years and 10 months | 5 years and 8 months |
Figure 8 represents the average total effective sentences and non-parole periods for the 41 people who were sentenced to imprisonment for culpable driving causing death as a standard sentence offence. The average total effective sentence ranged from 6 years in 2017-18 to 10 years and 2 months in 2020-21. The average non-parole period ranged from 4 years in 2017-18 to 6 years and 7 months in 2020-21.
Figure 8: The average total effective sentence and the average non-parole period imposed on people sentenced to imprisonment for culpable driving causing death, subject to the standard sentence 2017-18 to 2021-22
| Financial year | Number | Average total effective sentence length | Average non-parole period |
|---|---|---|---|
| 2017-18 | 1 | 6 years and 0 months | 4 years and 0 months |
| 2018-19 | 3 | 9 years and 7 months | 5 years and 9 months |
| 2019-20 | 9 | 9 years and 1 month | 6 years and 3 months |
| 2020-21 | 15 | 10 years and 2 months | 6 years and 7 months |
| 2021-22 | 12 | 8 years and 10 months | 5 years and 8 months |
Other offences finalised at the same hearing
Sometimes people prosecuted for culpable driving causing death 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 culpable driving causing death.
Figure 9 shows the number of people sentenced for the principal offence of culpable driving causing death by the total number of sentenced offences per person. The number of sentenced offences per person ranged from 1 to 15, and the median was 3 offences. There were 18 people (24.7%) sentenced for the single offence of culpable driving causing death. The average number of offences per person was 3.5.
Figure 9: The number of people sentenced for the principal offence of culpable driving causing death by the number of sentenced offences per person, 2017-18 to 2021-22
| Number of offences | Number of people |
|---|---|
| 1 | 18 |
| 2 | 10 |
| 3 | 16 |
| 4 | 9 |
| 5-9 | 16 |
| 10-15 | 4 |
| Total | 73 |
Table 3 shows the 10 most common offences, by number and percentage, for people sentenced for culpable driving causing death. The last column sets out the average number of offences sentenced per person. For example, 17 of the total 73 people (23.3%) were also sentenced for causing serious injury negligently. On average, those 17 people were sentenced for 1.7 charges of causing serious injury negligently per case.
Table 3: The number and percentage of people sentenced for the principal offence of culpable driving causing death by the most common offences that were sentenced alongside culpable driving causing death, 2017-18 to 2021-22
| Offence | Number of cases | Percentage of cases | Average number of proven offences per case |
|---|---|---|---|
| 1. Culpable driving causing death | 73 | 100.0% | 1.2 |
| 2. Causing serious injury negligently | 17 | 23.3% | 1.7 |
| 3. Reckless conduct endangering life | 11 | 15.1% | 1.4 |
| 4. Drive while disqualified or suspended | 10 | 13.7% | 1.1 |
| 5. Unlicensed driving | 9 | 12.3% | 1.0 |
| 6. Possess a drug of dependence | 8 | 11.0% | 1.5 |
| 7. Theft | 7 | 9.6% | 1.4 |
| 8. Use unregistered motor vehicle | 7 | 9.6% | 1.0 |
| 9. Commit indictable offence whilst on bail | 6 | 8.2% | 1.0 |
| 10. Driving in a dangerous manner | 3 | 4.1% | 2.7 |
| People sentenced | 73 | 100.0% | 3.5 |
Further data on total effective sentences of imprisonment and corresponding non-parole periods for culpable driving causing death is available on SACStat.
Summary
From 2017-18 to 2021-22, 73 people were sentenced for culpable driving causing death in the higher courts. Of these people, all were given an immediate custodial sentence, and 72 (98.6%) were given a principal sentence of imprisonment.
The median principal sentence of imprisonment was 8 years, and the median total effective sentence of imprisonment was 8 years and 3 months. On average, people sentenced for culpable driving causing death were found guilty of 3.5 offences each.
Total effective sentences of imprisonment ranged from 3 years to 18 years, and non-parole periods ranged from 1 year to 14 years and 6 months.
Endnotes
1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 250, which describes sentencing trends for culpable driving causing death between 2015-16 and 2019-20.
2. Data on first-instance sentence 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. Crimes Act 1958 (Vic) s 318(1). The value of a penalty unit changes each year and can be found in the Victorian Government Gazette and on the Victorian legislation website.
4. Sentencing Act 1991 (Vic) ss 3(1)(ea) (definition of category 2 offence), 5(2H)-(2I).
5. Crimes Act 1958 (Vic) 318(1A); Sentencing Act 1991 (Vic) ss 5(2)(ab), 5A-5B.
6. 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.
7. For the principal offence of culpable driving causing death, custodial sentences included imprisonment and a youth justice centre order.
8. For example, if the principal offence receives a sentence of imprisonment combined with a community correction order, imprisonment is the principal sentence.
9. 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.
10. Sentencing Act 1991 (Vic) s 5B(2)(b).
11. Singh v The Queen [2022] VSCA 178, reduced on appeal from R v Singh [2021] VSC 182.
