Homicide in Victoria: Offenders, Victims and Sentencing

Sentencing Advisory Council November 2007 Published by the Sentencing Advisory Council Melbourne Victoria Australia.

This Report reﬂ ects the law as at 30 October 2007.

© Copyright State of Victoria, Sentencing Advisory Council, November 2007. This publication is protected by the laws of copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth).

ISBN 978-1-921100-18-5

Also published on www.sentencingcouncil.vic.gov.au

Authorised by the Sentencing Advisory Council, 4/436 Lonsdale Street, Melbourne. Printed by Bigprint, 50 Lonsdale Street, Melbourne.

The publications of the Sentencing Advisory Council follow the Melbourne University Law Review Association Inc Australian Guide to Legal Citations (2nd edn, 2002).

ii Homicide in Victoria: Offenders, Victims and Sentencing Contents

1. Introduction 1 1.1 Background 1 1.2 Aim 2 1.3 Data sources & methodology 3 1.4 Scope 3 1.5 Data deﬁ nitions 4 1.5.1 Type of homicide 4 1.5.2 Sentence type and length 4 1.5.3 Relationship between the victim and the offender 4 1.5.4 History of domestic violence 4 1.5.5 Mental health or capacity of the offender 5 1.5.6 Alcohol or drug use 5 1.5.7 Criminal history 5 1.5.8 Other crime data 5 1.6 Limitations 6

2. The legal context of sentencing for murder and manslaughter 7 2.1 Murder 7 2.1.1 Legal defi nition and penalty range 7 2.1.2 General sentencing principles 7 2.1.3 Factors that may infl uence the sentence 7 2.2 Manslaughter 9 2.2.1 Legal defi nition and penalty range 9 2.2.2 General sentencing principles 10 2.2.3 Factors that may infl uence the sentence 10 2.3 Summary 11

3. A proﬁ le of homicide in Victoria 13 3.1 Types of homicide 13 3.2 Gender 13 3.3 Age 14 3.4 Sentencing outcomes 15 3.4.1 Imprisonment for Murder 16 3.4.2 Imprisonment for Manslaughter 17 3.4.3 Life imprisonment 17 3.4.4 Custodial supervision order 17 3.4.5 Hospital security order 17 3.4.6 Detention in a youth training centre 17 3.4.7 Wholly suspended sentence 17 3.4.8 Community-based order 18 3.4.9 Adjourned undertaking with conviction 18

4. Offender demographics and sentencing outcomes 19 4.1 Sentencing men and women for murder 19 4.1.1 Sentencing men and women to imprisonment for murder 20 4.2 Sentencing men and women for manslaughter 20 4.2.1 Sentencing men and women to imprisonment for manslaughter 22 4.3 Sentencing for murder and the inﬂ uence of age 23 4.4 Sentencing for manslaughter and the inﬂ uence of age 24 4.5 Summary 26

5. Relationship between victim and offender 27 5.1 Friends and acquaintances 29 5.1.1 Murder 30 5.1.2 Manslaughter 31 5.1.3 Summary 31 5.2 Intimate partner homicides 32 5.2.1 Murder 33 5.2.2 Manslaughter 33

Homicide in Victoria: Offenders, Victims and Sentencing iii 5.2.3 Use of violence by the victim against the offender(s) 33 5.2.4 Sentencing offenders for murder where there is a history of domestic violence 34 5.2.5 Sentencing offenders for manslaughter where there is a history of domestic violence 35 5.2.6 Summary 36 5.3 Strangers 36 5.3.1 Summary 38 5.4 Family 38 5.4.1 Summary 40

6. Provocation manslaughter 41 6.1 Legislative changes 41 6.2 Homicide proﬁ le 41 6.3 Sentencing outcomes 42 6.4 Summary 44

7. Offenders suffering from a mental condition 45 7.1 Sentencing outcomes 46 7.2 Summary 48

8. Alcohol and drug use by the offender 49 8.1 Sentencing offenders who had consumed drugs 50 8.1.1 Summary 51 8.2 Sentencing offenders who had consumed alcohol 52 8.2.1 Summary 53 8.3 Sentencing offenders who had consumed drugs and alcohol 54 8.3.1 Summary 54

9. Weapons 55 9.1 Sentencing outcomes 55 9.2 Summary 58

10. Prior criminal history 59 10.1 Sentencing outcomes 60 10.2 Summary 62

11. Multiple victims and offenders 63 11.1 Sentencing outcomes for multiple victims 63 11.2 Sentencing outcomes for multiple offenders 64 11.3 Summary 66

12. Homicides occurring during the course of another crime 67 12.1 Sentencing outcomes 68 12.2 Summary 69

13. Other types of homicides 71 13.1 Contract killing 71 13.2 Gang related homicides 72 13.3 Serial killing 72

14. Overall summary of ﬁ ndings 73

Appendix 77

End notes 89

Bibliography 93

iv Homicide in Victoria: Offenders, Victims and Sentencing Contributors

Authors Kelly Burns Karen Gelb

Sentencing Advisory Council

Chair Professor Arie Freiberg

Deputy-Chair Thérèse McCarthy

Council Members Carmel Arthur Bernie Geary OAM David Grace QC Rudolph Kirby Andrea Lott Jenny Morgan Simon Overland Jeremy Rapke QC Barbara Rozenes David Ware

Acting Chief Executive Ofﬁ cer Karen Gelb

The authors would like to thank the following people for their assistance in the preparation of this report:

Ms Megan Davies, Australian Institute of Criminology

Dr Jenny Mouzos, Australian Institute of Criminology

Mr Simon Overland, Deputy Commissioner, Victoria Police

Ms Felicity Stewart, Sentencing Advisory Council

Ms Jessica Chen, Melbourne University, Victoria Law Foundation Internship Program

Homicide in Victoria: Offenders, Victims and Sentencing v vi Homicide in Victoria: Offenders, Victims and Sentencing Executive Summary

In November 2004, the Victorian Law Reform Commission (VLRC) released Defences to Homicide: Final Report. In its report, the VLRC recommended the abolition of provocation as a partial defence to homicide; that the Sentencing Advisory Council (SAC) establish a statistical database to monitor sentencing trends in homicide cases; and that the database should allow monitoring of sentencing trends in cases where: • the offender killed a person who subjected her/him to family violence; • the offender had previously subjected the deceased to violence; • the offender acted under provocation from the deceased; and • the offender was suffering from a mental condition at the time of killing.

The SAC, in collaboration with the Australian Institute of Criminology (AIC) and the Department of Justice (Vic), has developed a unique database containing information on the characteristics of homicide incidents, offenders, victims and sentencing outcomes that occurred in Victoria between 30 June 1990 and 30 June 2005 and that were sentenced in the criminal courts between 30 June 1999 and 30 June 2006 (subject to the necessary data being available). Information on a total of 208 homicide incidents (relating to 243 offenders and 216 victims) was available for analysis in this report.

This report demonstrates how sentencing outcomes for homicide varied on the basis of the characteristics of the incident, the offender and the victim. Although not every variable considered by the court was available for analysis, it is clear that a number of factors had an important inﬂ uence on sentencing outcomes for homicide, including: • the offender’s age, gender and mental condition; • the relationship between the victim and the offender; • whether there was a history of domestic violence; • whether the victim used violence against the offender; • whether drugs and/or alcohol were consumed at the time of the incident; • the type of weapon used; and • the number of victims and offenders involved in the incident.

These factors had a greater effect on the length of the imprisonment sentence imposed than on the type of sentence imposed in the ﬁ rst instance, as most homicide offenders were sentenced to a term of imprisonment.

Imprisonment rates

Indeed, the report shows that around nine out of every 10 offenders sentenced for murder and manslaughter in Victoria were sentenced to a term of imprisonment.

There are a number of factors that help explain differences in the sentencing outcomes imposed for murder and manslaughter (see Table 1).

For murder, imprisonment rates were highest for offenders who had used a ﬁ rearm, who killed multiple victims or who committed the homicide with at least one co-accused. Imprisonment rates for murder were lowest where the offender was classiﬁ ed as suffering from a mental condition or where the offender killed a family member.

For manslaughter, imprisonment rates were highest for offenders who had used a ﬁ rearm or where the victim and offender were strangers. Imprisonment rates for manslaughter were lowest for female offenders, where the offender suffered from a mental condition or where the offender killed a family member.

Homicide in Victoria: Offenders, Victims and Sentencing vii Table 1: Rates of immediate imprisonment, by type of homicide and selected characteristics of the offender, the victim and the incident

Murder Manslaughter Offenders sentenced to imprisonment 91% 92% Male offenders 92% 97% Female offenders 80% 63% Offenders who killed a friend or acquaintance 96% 93% Offenders who killed an intimate partner 91% 88% Offenders who killed an intimate partner 96% 91% – known history of domestic violence Offenders who killed an intimate partner 83% 80% – no known history of domestic violence Offenders who killed a stranger 96% 100% Offenders who killed a family member 60% 78% Offenders who successfully raised provocation na 90% (10 offenders) Offenders suffering from a mental condition 45% 75% Offenders who had consumed drugs 92% 95% Offenders who had consumed alcohol 92% 91% Offenders who used a ﬁ rearm 100% 100% Offenders with a prior criminal history 95% 98% Incident involving multiple victims 100% na Incident involving multiple offenders 100% 94%

Length of imprisonment terms

The report shows that the average length of imprisonment term for offenders sentenced for murder (19 years, 1 month) is almost three times higher than for offenders sentenced for manslaughter (6 years, 11 months).

There are a number of factors that help explain differences in the lengths of prison terms imposed for murder and manslaughter (see Table 2).

For murder, imprisonment terms were longest for offenders who killed multiple victims, for offenders classiﬁ ed as suffering from a mental condition, where a ﬁ rearm was used or where multiple offenders were involved. Imprisonment terms were shortest for female offenders and for offenders who killed a family member.

For manslaughter, imprisonment terms were remarkably similar across all the factors considered. Terms were longest for offenders who successfully raised provocation as a defence to a charge of murder and for offenders who were classiﬁ ed as suffering from a mental condition. Imprisonment terms were shortest for female offenders.

viii Homicide in Victoria: Offenders, Victims and Sentencing Table 2: Average length of imprisonment term imposed for homicide, by type of homicide and selected characteristics of the offender, the victim and the incident

Murder Manslaughter All offenders 19 years, 1 month 6 years, 11 months Male offenders 19 years, 4 months 7 years, 1 month Female offenders 16 years, 10 months 5 years, 5 months Offenders who killed a friend or acquaintance 19 years, 2 months 6 years, 3 months Offenders who killed an intimate partner 18 years, 10 months 6 years, 10 months Offenders who killed an intimate partner 19 years, 8 months 7 years, 6 months – known history of domestic violence Offenders who killed an intimate partner 18 years, 4 months 6 years, 7 months – no known history of domestic violence Offenders who killed a stranger 19 years, 11 months 7 years, 5 months Offenders who killed a family member 17 years, 8 months 7 years, 1 month Offenders who successfully raised provocation na 7 years, 11 months (10 offenders) Offenders suffering from a mental condition 22 years, 6 months 7 years, 11 months Offenders who had consumed drugs 19 years 7 years, 2 months Offenders who had consumed alcohol 18 years, 3 months 6 years, 5 months Offenders who used a ﬁ rearm 21 years, 5 months 6 years, 6 months Offenders with a prior criminal history 19 years, 5 months 7 years Incident involving multiple victims 26 years, 2 months na Incident involving multiple offenders 20 years, 11 months 6 years, 3 months

The analysis of information on sentencing outcomes for homicide in conjunction with information on the homicide incident, the offender and the victim is important to provide a better understanding of the reasons underlying differences in the types and lengths of sentences imposed for homicide. In this report, we provide a detailed examination of differences in the characteristics of homicide incidents, offenders and victims and how this inﬂ uences sentencing trends for homicide in Victoria.

Homicide in Victoria: Offenders, Victims and Sentencing ix x Homicide in Victoria: Offenders, Victims and Sentencing 1. Introduction Defences to Homicide: Defences to Homicide: that presents statistics on Sentencing Snapshots) Homicide in Victoria: Offenders, Victims and Sentencing 1 Victims Offenders, Homicide in Victoria: This report underpins the Council’s response to Recommendations 52 response to Recommendations underpins the Council’s This report 2 the offender killed a person who subjected her/him to family violence; killed the offender previously subjected the deceased to violence; had the offender under provocation from the deceased; and acted the offender killing. from a mental condition at the time of suffering was the offender . The report considered how the criminal law should take account of the fact that offenders the fact that offenders criminal law should take account of The report considered how the .

1 Background Introduction • • • • cally, the purpose of the report was to review defences and partial defences to homicide operating defences to homicide operating was to review defences and partial the purpose of the report cally, fi Recommendation 55 judicial education on sentencing in homicide cases, in should offer The Judicial College of Victoria Advisory Council. collaboration with the Sentencing Recommendation 56 Advisory Council should provide public education on sentencing in homicide cases. The Sentencing Recommendation 54 Advisory Council should establish processes for the Sentencing In consultation with the judiciary, to judges. making up-to-date sentencing information about homicide cases available Recommendation 53 allow monitoring of sentencing trends in cases where: Construction of the database should Recommendation 52 This database to monitor sentencing trends in homicide cases. The SAC should establish a statistical with members of the judiciary. database should be developed in consultation 1.1 In September 2005, the Council released three reports containing statistics on sentencing outcomes In September 2005, the Council released three reports containing statistics between manslaughter and culpable driving causing death in Victoria for people sentenced for murder, on August 2007 that updated the statistics 1998-99 and 2003-04. New reports were then released in of making a threat to with data from 2001-02 to 2005-06, with the additional offence these offences These reports form part of a statistical series ( kill. sentencing in Victoria. The Council thus discharged Recommendations 54 and 56 through the publication The Council sentencing in Victoria. of these Sentencing Snapshots. Final Report a variety of factors. by be affected and that their culpability may situations different kill in a range of Speci in Victoria. In November 2004, the Victorian Law Reform Commission (VLRC) released Law Reform Commission (VLRC) the Victorian In November 2004, and 53. The VLRC made 56 recommendations in its report. The main recommendation was the abolition of recommendation was the abolition The main 56 recommendations in its report. The VLRC made in degrees of culpability should be the difference defence to homicide and that provocation as a partial related to recommendations made by the VLRC the sentencing process. Five other dealt with through to 56 below). On 5 May 2005 Council (see Recommendations 52 Advisory the work of the Sentencing made by the wrote to the Council seeking its views on the recommendations Attorney-General the VLRC. 1. es fi ed by fi ect the fl

3 Morgan’s aim was to ensure that aim Morgan’s 6 As the categories used in this report re 7 le of the homicide incidents examined in this report. This le of the homicide incidents examined in this report. fi nitive approach to classifying information on homicides. In his nitive approach to classifying information on homicides. In his fi able homicides; fi 5 Instead, Polk considers the social contexts in which homicides occur, and classi in which homicides occur, Instead, Polk considers the social contexts 4 ndings. fi ict resolution homicides; fl victims of mass killers; unsolved and unclassi homicides originating in family intimacy; confrontational homicides; homicides originating in other crime; con homicides in the context of sexual intimacy; ‘special’ cases; and cases; ‘special’ mercy killings. Aim

• • • • • • • • •

Before turning directly to the VLRC recommendations, an overview of homicide in Victoria provides the homicide in Victoria Before turning directly to the VLRC recommendations, an overview of context for subsequent analyses with a pro outcomes for homicides In part 5 results are presented of the analyses of variations in sentencing Particular emphasis is given to friends according to the relationship between victim and offender. and family members. In the and acquaintances, intimate partners and homicides between strangers proven guilty of provocation manslaughter next section (part 6) sentencing outcomes for offenders with a mental condition are are presented. In part 7 variations in sentencing outcomes for offenders drug use by homicide offenders examined, followed by a discussion in Part 8 of the impact of alcohol and of the use of a weapon on the type and length of sentence imposed. Part 9 involves an examination in sentencing outcomes according to the offender’s prior criminal and sentencing outcomes. Variations homicides are included in part 11, The number of victims and offenders history are analysed in part 10. last part, sentences imposed for occuring during the course of another crinme are in part 12, and in the The report concludes with a contract killings, gang related homicides and serial killings are examined. discussion of the considerations of reform to laws on defences to homicide were informed by the sociological contexts in considerations of reform to laws on nature of homicides: when women do Morgan noted the gendered which people are killed. In particular, reasons than men. kill, they usually do so for different member’),original ones in place in the source dataset (such as ‘stranger’ and ‘family not been we have in these data. able to conduct a thorough analysis of the gendered nature of homicide as well as the nature of the offences includes the age and gender of homicide victims and offenders, for An examination of sentencing outcomes committed, and the broad sentencing outcomes imposed. is presented in part 4. male and female homicide offenders Throughout the report, information on homicide incidents, victims and offenders is categorised according is categorised according victims and offenders information on homicide incidents, Throughout the report, Such categorisation, however, Institute of Criminology. Australian provided by the to the original data de does not necessarily represent the The analysis of sentencing information alone prevents a meaningful analysis of the relationship between a meaningful analysis of the relationship information alone prevents The analysis of sentencing by the courts. and length of sentence imposed circumstances and the type aggravating and mitigating information provides a unique opportunity victim and sentencing incident, offender, The combination of in Victoria. sentencing outcomes for homicide detailed and nuanced analysis of to undertake a more suggested that ‘there are important limits to what can be explained seminal work on homicide, Polk has “friend/acquaintance” or “family” to describe the bond between from the use of such terms as “stranger”, and victim’. offender them into the following categories: police as suffering from a mental condition at the time of the incident. from a mental police as suffering The aim of this report is to identify trends and relationships between the characteristics of the homicide of the homicide the characteristics relationships between identify trends and of this report is to The aim In order by the court. of sentence imposed type and length victim(s) and the and offender(s) incident, a particular emphasis the report has made by the VLRC, directly to the recommendations to respond of domestic to whether there was a history outcomes for homicide vary according on how sentencing was identi the offender acted under provocation and whether the offender violence, whether 1.2 In her discussion of the circumstances in which homicide occur, Morgan draws heavily on these in which homicide occur, In her discussion of the circumstances victims and offenders. categories to examine homicide incidents, 2 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 2 Homicide in Victoria: 1. Introduction 1. Introduction cers and/or fi were successfully . A homicide incident homicide A . nition used by police nition used fi 216 victims and 243 offenders 8 208 individual homicide incidents Homicide in Victoria: Offenders, Victims and Sentencing 3 Victims Offenders, Homicide in Victoria: nition of homicide is the operational de nition of fi ed or apprehended. fi ed, charged and convicted). The Council liaised extensively with the The Council liaised ed, charged and convicted). fi and 9 all cases resulting in a person or persons being charged with murder or manslaughter with murder or manslaughter in a person or persons being charged all cases resulting applies to the Northern which of ‘dangerous act causing death’ (including the charge where these immediately other driving-related fatalities, except but excluding Territory), vehicle theft; such as armed robbery or motor follow a criminal event and classed as murder by the police; all murder-suicides no (including infanticides), even if by the police as homicides all other deaths classed has been identi offender offence records derived from each Australian state and territory police service, supplemented Australian derived from each records offence provided directly by investigating police of where necessary with information associated staff; and post mortem reports. state coronial records such as toxicology Scope Data sources & methodology Data sources • • • • • 1.4 1.3 The scope of information that could be analysed in this report was constrained by the data sources The scope of information that could be analysed in this report was constrained and the NHMP AIC’s Homicide Monitoring Program (VHMP) – the relied upon to establish the Victorian The VHMP sentencing outcomes database. Department of Justice, Courts Statistical Services Unit’s driving manslaughter and infanticide, but excludes culpable includes sentencing information for murder, offences. were sentenced in the criminal Homicides that occurred between 30 June 1990 and 30 June 2005 that subject to the necessary courts between 30 June 1999 and 30 June 2006 were included in this analysis, data being available. Information on a total of matched between the two datasets. This relates to matched between the two datasets. can involve one or more victims and can be committed by one or more offenders, hence the higher offenders, can involve one or more victims and can be committed by one or more count when compared with the number of incidents. victim and offender The Australian Institute of Criminology’s (AIC) National Homicide Monitoring Program (NHMP) was (NHMP) was Monitoring Program National Homicide (AIC) of Criminology’s Australian Institute The victims and offenders homicide incidents, of information on leading source in 1989 and is the established in Australia. de the of the NHMP, For the purposes throughout Australia. As such, the NHMP collects data on the following incidents: collects NHMP As such, the Australia. throughout are violent deaths such as industrial accidents involving criminal Attempted murder is excluded, as is laid). Lawful homicide, including incidents involving negligence (unless a charge of manslaughter also excluded. police in the course of their duties, is the NHMP: There are two key sources of data for The NHMP was used as the primary source of information on the characteristics of homicide incidents, used as the primary source of information on the characteristics of homicide was The NHMP data in this study relate to solved cases only (that Victorian The NHMP victims in Victoria. and offenders was identi is, where an offender approach and interpretation of the data. AIC in developing its methodological was obtained from the Department in Victoria for homicide offenders Information on sentencing outcomes information is compiled from manually prepared Return This Unit. of Justice, Courts Statistical Services returns) from the Supreme Court of Victoria. of Prisoners Convicted forms (conviction the two AIC and the Department of Justice, used by both the Due to the manual data collection systems quality assurance measures data sets could not be uniquely matched by an automated process. Strict close consultation with the were employed to ensure the accuracy of the matching process, including AIC. nding of not guilty due to mental nding of not guilty due to mental fi and in the source dataset, ect those fl . Where a homicide incident involves multiple victims, the relates to the person(s) charged and includes data on the socio- charged and includes data relates to the person(s) contains socio-demographic information relating to the victim(s), cause information relating to the contains socio-demographic primary victim contains information on the type of offence found proven by the court, found proven by the on the type of offence contains information describes the case and its circumstances (for example, location, date and (for example, location, circumstances the case and its describes nitions fi 10 cult to draw conclusions about the impact of a history of domestic violence on sentencing cult to draw conclusions about the impact of the type and length of sentence imposed on the offender, including the non-parole period of sentence imposed on the offender, the type and length raised. whether provocation was successfully (where relevant) and demographic characteristics of the offender(s), criminal history, alcohol and illicit drug use, alcohol and illicit drug use, criminal history, of the offender(s), demographic characteristics and the offender’smental health status relationship to the victim; and Sentencing data: Incident data: Incident of another crime); during the course incident occurred time, whether data: Victim-related and illicit drug use; used to kill the victim(s), alcohol of death, type of weapon data: Offender-related fi History of domestic violence Relationship between the victim and the offender Sentence type and length Data de of homicide Type

• • • •

There are 90 variables in the VHMP dataset, divided into four key areas: incident data, victim-related victim-related data, incident key areas: into four divided dataset, in the VHMP variables are 90 There divisions re These data. and sentencing data data, offender-related are outlined below: are outlined outcomes for homicide, and caution should be exercised in interpreting the results from this part of the outcomes for homicide, and caution should be exercised in interpreting analysis. The NHMP includes information on whether the victim or the offender had a prior history of domestic includes information on whether the victim or the offender The NHMP records that form the source of the the police offence However, violence against an intimate partner. was the perpetrator of the domestic violence. do not specify whether the victim or the offender NHMP likely that the recorded numbers As domestic violence typically has low rates of reporting to police, it is and victims with a known history of domestic violence will underestimate its incidence. It is of offenders therefore dif relationship between the offender and primary and secondary victim(s) may differ. However, to maintain However, and primary and secondary victim(s) may differ. relationship between the offender of the incident, offender a one-to-one relationship between sentencing outcomes and the characteristics This methodology is not expected and victim, only information on the primary victim has been analysed. examined in this report killed one to skew the analytical results as 95 per cent of homicide offenders victim as opposed to multiple victims (232 out of 243 offenders). Information on the type of relationship between homicide victims and offenders refers to the relationship Information on the type of relationship between homicide victims and offenders and the between the offender Sentence types and lengths were calculated using the total effective sentence methodology. The total sentence methodology. using the total effective Sentence types and lengths were calculated proven against an aggregates the individual sentences imposed for each offence sentence effective concurrent sentences. taking account of cumulative and offender, Any reference to offenders ‘found guilty’ of homicide refers to those offenders who plead guilty, those who plead guilty, those offenders of homicide refers to ‘found guilty’ Any reference to offenders dealt with by the court after a sentenced after a trial and offenders As noted earlier, the VHMP includes information on murder, manslaughter and infanticide. Only one manslaughter on murder, includes information the VHMP As noted earlier, the database. Infanticide is a type of manslaughter and for the infanticide incident was captured in refers to manslaughter and infanticide. purposes of this report the term ‘manslaughter’ impairment. 1.5.4 1.5.3 1.5.2 1.5.1 1.5 4 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 4 Homicide in Victoria: 1. Introduction 1. Introduction rearms offences. fi cation of the offender as cation of the offender fi c offences, public order offences (such public order offences c offences, fi cial medical diagnosis, the results for this the results cial medical diagnosis, fi cations, in order of decreasing seriousness, are cations, in order of decreasing seriousness, fi Homicide in Victoria: Offenders, Victims and Sentencing 5 Victims Offenders, Homicide in Victoria: ed as a causal factor in the homicide incident, particularly as there is no ed as a causal factor in the homicide fi cation system. Where an offender/victim has more than one prior criminal offence, prior criminal offence, has more than one system. Where an offender/victim cation fi Other crime data Criminal history Alcohol or drug use Alcohol or drug Mental health or capacity of the offender of the health or capacity Mental the criminal history variable in the NHMP refers only to the most serious offence for which the person refers only to the most serious offence the criminal history variable in the NHMP classi The offence has previously been convicted. other offences. and property offences drug offences, robbery, homicide, sexual assault, other assault, captured by other categories in the not category usually refers to minor offences The ‘other’ offences traf drink-driving offences, For example, hierarchy. prior offence and some of weapons offences as being drunk in a public place), possession The NHMP collects information on whether a homicide incident occurs during the course of another The NHMP the dataset, which refers to the crime. Only one precipitating crime may be recorded for each victim in order of seriousness): sexual most serious crime committed in the course of the homicide (in decreasing theft, other property other violent crime, arson, break and enter, assault, kidnapping/abduction, robbery, and other offences. prostitution, drug offences offence, Information on prior criminal history has been collected as part of the NHMP and is categorised using a and is categorised has been collected as part of the NHMP Information on prior criminal history classi unique offence suffering from a mental disorder immediately before or at the time of the incident is contained in police is contained time of the incident before or at the disorder immediately from a mental suffering on an of may not be based As these reports reports. offence caution. be interpreted with analysis should part of the Toxicology reports help to determine whether the victim had consumed alcohol and/or illicit drugs, but this consumed alcohol and/or illicit drugs, to determine whether the victim had reports help Toxicology (unless the amount consumed physiologically indicate how the person was affected information cannot the homicide. or drug taking directly precipitated high level) or whether their alcohol was at a relatively and/or illicit drugs is had consumed alcohol on whether the offender information Furthermore, NHMP is dependent on alcohol and drug consumption information Offender reports. based on police offence where may not necessarily include all instances recorded such information, and on whether the police or using drugs prior to the offence. had been drinking alcohol an offender illicit drugs prior had consumed alcohol and/or the offender These data are indicative only of whether of the offender’sThey are not necessarily indicative drug or state of mind, nor can the to the incident. alcohol consumption be identi Information regarding the mental health status of the offender and the identi of the offender health status regarding the mental Information any substance that had been consumed by the offender. accurate measure of the amount of 1.5.8 1.5.7 1.5.5 1.5.6 rst instance fi Importantly for our response to Importantly for our 12 ed, convicted and sentenced. In these ed, convicted and sentenced. In these fi nal dataset is a subset of the information nal dataset is a subset of the information fi There are, however, a number of limitations to this of limitations to a number are, however, There 11 ed. For example, a homicide may not be recorded in the may not be recorded example, a homicide ed. For ed. fi fi ce of Public Prosecution. ce fi ed. As a result, the As a result, the ed. fi cases, only information relating to the incident and the victims are recorded in the NHMP, incident and the victims are recorded in the NHMP, cases, only information relating to the cases were excluded These were unknown at the time of data collection. details as offender report. from the analyses presented in this Some incidents in the NHMP could not be matched to a corresponding sentencing outcome could not be matched to a corresponding sentencing outcome Some incidents in the NHMP recorded by the Courts Statistical Services Unit (this because the conviction return was not being adjudicated or the conviction return not being may result from either the case still Unit). forwarded to the Courts Statistical Services was because the incident be matched to the NHMP Some conviction returns could not cases were unsolved at the time of data Such AIC NHMP. not recorded as solved in the has since been identi collection, but the offender Limitations

• •

Sentencing information was compiled from manually prepared Return of Prisoners Convicted forms prepared Return of Prisoners Convicted was compiled from manually Sentencing information returns are cross-checked These conviction from the Supreme Court of Victoria. (conviction returns) assurance data are captured. Despite the quality lists to help ensure all available against the daily Court Unit and to the Courts Statistical Services not all conviction returns are forwarded measures in place, of missing are included in the report. Estimates outcomes for homicide therefore not all sentencing to 7 per cent between 1997/98 and 2005/06, with an average of sentencing data ranged from 1 per cent outcomes relates to the Information on sentencing 3 per cent of cases missing each year. that only those solved homicide incidents included in the NHMP Due to the nature of the data used, AIC and Courts Statistical The database are examined in this report. could be matched to the sentencing ensure that their databases were accurate for these analyses, Services Unit both endeavoured to however some omissions were identi the VLRC recommendations, the NHMP data cannot identify whether it was the victim or the offender it was the victim or the offender data cannot identify whether the NHMP the VLRC recommendations, of domestic where there was a known history violence perpetrator in cases who was the domestic violence. of appeals. only and does not include the outcomes subject to type I error: provided by each agency and is therefore data source and some omissions were identi and some omissions data source or a manslaughter and where about whether the death is a murder where there is uncertainty NHMP it for opinion to the Of police have referred The AIC employs a rigorous quality control process to ensure the accuracy of the data from which the data from which the accuracy of to ensure quality control process a rigorous AIC employs The quanti is analysed and Australia in homicide 1.6 6 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 6 Homicide in Victoria: 1. Introduction 2. The legal context of sentencing for murder and manslaughter c circumstances fi xing of a non-parole period fi The weight to be attached to each The weight 18 cant as in other cases. In addition, the cant as x a non-parole period unless it considers x a fi fi

19 Where a person is sentenced to a life sentence or a Where a person is sentenced to a 16 13 Homicide in Victoria: Offenders, Victims and Sentencing 7 Victims Offenders, Homicide in Victoria: xed, the person must serve that period in prison before fi uence the sentence fl nition of murder and manslaughter, the legislative penalty range, and legislative penalty the and manslaughter, nition of murder fi x a non-parole period. fi nition and penalty range fi

17 c tariff or formal guidelines for sentencing, and has also resisted delivering informal c tariff fi icts severe injury on another person who dies as a result. Murder is an offence that dies as a result. Murder is an offence icts severe injury on another person who fl Where a non-parole period is 15 Factors that may in General sentencing principles Murder Legal de The legal context of sentencing for murder and for murder of sentencing legal context The manslaughter 2.1 that the nature of the offence or the past history of the offender make the or the past history of the offender that the nature of the offence inappropriate. Sentences for murder take account of the particular circumstances of the offence and the offender, as and the offender, the offence Sentences for murder take account of the particular circumstances of The sentencer may have regard to factors personal to the offender well as a variety of legal principles. but in the case of murder their weight may not be as signi The purposes for which sentences may be imposed include the punishment of the offender, denunciation of the offender, The purposes for which sentences may be imposed include the punishment or other people from committing by the court of the offender’s the offender conduct, deterrence of either and protection of the community. such, rehabilitation of the offender, may be considered so serious that a focus on the rehabilitative purpose of circumstances of the offence category of murders, class’ sentencing may not be appropriate. For crimes considered to be in the ‘worst deterrence and punishment assume greater importance. The Supreme Court of Victoria is the only court that has jurisdiction to sentence people found guilty of is the only court that has jurisdiction to sentence people The Supreme Court of Victoria murder in Victoria. The offence of murder applies when a person intentionally or recklessly kills another or intentionally murder applies when a person intentionally or recklessly kills another of The offence or recklessly in carries a maximum penalty of life imprisonment. of the offender and the offence. and the offence. of the offender than Victoria on cases from jurisdictions other discussed in this section are based Some of the factors Nonetheless, to the reference period of this report. cases) and that occurred prior (such as Commonwealth for murder and manslaughter. of the legal context of sentencing the cases are indicative This section discusses the legal de discusses the This section the mitigating and aggravating factors courts have taken into account when sentencing an offender for for an offender into account when sentencing aggravating factors courts have taken the mitigating and assessment of Parliament’s provides an indication maximum penalty for an offence homicide. While the and length of sentence that should only an indirect guide to the type it is offence, of the gravity of the determined by reference to a range Individual sentences must be for that offence. generally be imposed the speci general sentencing principles and the maximum penalty, of factors including purpose depends upon the particular circumstances of each case. laid Appeal has not Court of The circumstances in which murder is committed are so varied that the down any speci guidelines. term of imprisonment of two years or more, the court must term of imprisonment of two years or Where no non-parole period is set by the court, the person must becoming eligible to apply for parole. only for what have been termed as the ‘most it is term. Generally, serve the entirety of the imprisonment displays no remorse – murders – such as multiple murders or where the offender callous and dreadful’ that a court will decline to 2.1.3 2.1.2 2.1.1 2. ned fi older 34

39 37

32 children, 33 For young offenders, it may For young offenders, cance, it alone cannot justify cance, it alone cannot 22 ﬁ Where an immediate custodial Where an immediate 21

27 26 20 An offender’s clear mental disturbance, short of mental 38 30 In fact, domestic killings characterised by murderous intent In determining whether to impose a sentence of imprisonment In determining whether to impose a 31 xing of the non-parole period. xing of the 25 fi xing of the non-parole period in order to allow the older offender some older offender xing of the non-parole period in order to allow the fi The Court of Appeal has stated that although the age of the offender is the age of the offender Appeal has stated that although The Court of 29 36 ciently grave, the youth of the offender and prospects for rehabilitation will and prospects for grave, the youth of the offender ciently fi However, the Court of Appeal has stated that where the circumstances of the stated that where the circumstances Appeal has the Court of However, 23 However, there will be cases where the offender is considered to have forfeited there will be cases where the offender However, 28 x a low non-parole period or a longer period of parole than usual to provide a better period of parole than usual to provide a low non-parole period or a longer x fi 24 Mental health or capacity of the offender The vulnerability of the victim The relationship between the victim and the offender The relationship between the Age of the offender Age of

and pregnant women. ect the exploitation of their vulnerability and the need to offer increased protection to these increased protection and the need to offer ect the exploitation of their vulnerability ﬂ 35

2.1.3.4 2.1.3.3 2.1.3.2 2.1.3.1 The following discussion provides an overview of some of the factors that have been considered by the by the considered been that have the factors some of of an overview provides discussion following The con it is list of factors; rather, not an exhaustive This is for murder. relation to sentencing courts in to those factors that were available for analysis in this report. for analysis that were available to those factors Drug addiction that distorts the offender’s yet falls short of a drug-induced psychosis may judgment mitigate the moral culpability of the offender. impairment, psychosis or mental illness, may also mitigate the moral culpability of the offender. impairment, psychosis or mental illness, may also mitigate the moral culpability (regardless of whether provocation was successfully raised) can be an aggravating factor. (regardless of whether provocation was successfully raised) can be an be appropriate to people prospect of rehabilitation. condemnation and just punishment as the primary purposes not diminish the importance of deterrence, of sentencing. offending behaviour are suf offending as centre, the court must have regard to the nature of the offence, or one of detention in a youth training history of the offender. well as the age, character and past the right to any such mitigation. some cases be of considerable signi a relevant consideration and may in sentence is appropriate, the youth of the offender, in the absence of any previous periods in custody, custody, absence of any previous periods in in the the youth of the offender, sentence is appropriate, for an adult. term than that which would be warranted may justify a shorter determining the age is a mitigating factor to which the court must have regard in For older offenders, duration of the sentence and the prospect for the future. the imposition of an inappropriate sentence. The mental health status of the offender does not act to mitigate the sentencing outcome if the offender does not act to mitigate the sentencing outcome if the offender The mental health status of the offender behaviour will continue. demonstrates a propensity and likelihood that if released, the criminal Offences committed against persons regarded as vulnerable are considered as more serious. This committed against persons regarded as vulnerable are considered as more serious. Offences may re groups through sentencing. Common categories of vulnerable victims include infants, groups through sentencing. Common categories of vulnerable victims include Cases that involve a murder arising out of a relationship are not to be considered as any less heinous Cases that involve a murder arising out of a relationship are not to be as a class than other types of murder. The offender’s imprisonment is also a relevant consideration in determining whether a sentence of life age parole is appropriate. or a sentence of life imprisonment without The youth of the offender may also mitigate the type of sentence imposed and youth detention may be an may also mitigate the type of sentence imposed and youth detention The youth of the offender appropriate sentence even for murder. For young offenders, age is a mitigating factor to which the court must have regard in determining must have regard in determining mitigating factor to which the court age is a For young offenders, sentence and the the duration of the As in all areas of the criminal justice system, in determining the appropriate sentence, the offender’s the appropriate sentence, the criminal justice system, in determining As in all areas of and important consideration. youth is a relevant 8 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 8 Homicide in Victoria: 2. The legal context of sentencing for murder and manslaughter 2. The legal context of sentencing for murder and manslaughter

40 43 or by 48 uences 46 ﬂ xing of a ﬁ 41 Where a person

51 .

42 x a non-parole period fi 44 ed as ‘weapons’, the more ed as ‘weapons’, fi 50 cantly increase the sentence. factor that in cant aggravating fi xed, the person must serve that period fi fi Homicide in Victoria: Offenders, Victims and Sentencing 9 Victims Offenders, Homicide in Victoria: whether a non-parole period should be set and the duration of whether a non-parole period should 45 47 uence whether the court will decline to set a non-parole period. uence whether the fl Where a non-parole period is 52 nition and penalty range fi that there was evidence of provocative conduct by the victim; that the defendant lost self-control as a result of that provocation; an ordinary person that the provocation must have been such that it was capable of causing or death; and to lose self-control and form an intention to cause serious bodily harm self-control and the that the provocation must have actually caused the defendant to lose had the opportunity defendant must have acted ‘whilst deprived of self-control before he has to regain his composure’. or where the death is caused by ‘criminal negligence’. Manslaughter Legal de The number of victims Criminal history Use of a weapon Alcohol or drug use Alcohol 49 • • • • the length of the prison term imposed, 2.1.3.8 2.1.3.7 2.1.3.6 2.1.3.5 to and in turn leads a painful disease to cope with is the result of attempting or drug addiction If alcohol factor. as a mitigating the addiction sentencer may consider the offence, of the instant the commission Involuntary manslaughter arises where there is no intent to kill but the offence still results in death. This still results in death. Involuntary manslaughter arises where there is no intent to kill but the offence and dangerous act kind of manslaughter is committed where the death is caused by an unlawful imprisonment that carries a maximum penalty of 20 years’ Manslaughter is an offence The offence of manslaughter applies where a person kills another in circumstances where the offender’s manslaughter applies where a person kills another in circumstances where of The offence may arise in one of two ways. Manslaughter to constitute murder. culpability is less than that required the killing but for some mitigating factor, manslaughter is committed in circumstances where, Voluntary such as by reason of provocation. would constitute murder, the following: Prior to its abolition, establishing the partial defence of provocation required The commission of multiple murders in a single incident is a signi The commission of multiple murders A history of prior convictions and the type of prior convictions are important factors that can aggravate history of prior convictions and the type of prior convictions A the sentencing outcome and can in The type of weapon used will commonly be relevant to an assessment of the gravity of the offending. the offending. to an assessment of the gravity of used will commonly be relevant The type of weapon that may be classi no limitation on the class of items Although there is dangerous the item, or the greater its capacity to invoke fear, the more aggravating its use will be. The its use will be. the more aggravating fear, or the greater its capacity to invoke dangerous the item, the victim is unarmed. a particularly aggravating factor where use of a weapon is omission, must is sentenced to a term of imprisonment of two years or more, the court make the or the past history of the offender unless it considers that the nature of the offence non-parole period inappropriate. period is set by the court, in prison before becoming eligible to apply for parole. Where no non-parole the person must serve the entirety of the imprisonment term. However, where the offender knew of the usual effect on him/her of alcohol or drugs, the voluntary drugs, the voluntary of alcohol or on him/her effect of the usual knew the offender where However, factor. than a mitigating factor rather is an aggravating of these substances consumption Where the offender’sthe community, prior criminality demonstrates a persistent and dangerous threat to of life imprisonment without parole. it may warrant the imposition of a sentence incidents will also signi the non-parole period if one is set. Serial 2.2.1 2.2

62 64 55

61 cant as in other fi and older victims. 63 cant aggravating factor. factor. cant aggravating fi ed for this offence. Beyond this, the Beyond this, ed for this offence. fi The weight to be attached to each factor depends The weight to be attached to each 54 In contrast, the use of self-defence may be a mitigating In contrast, the use of self-defence Lengthy sentences have been imposed for particularly Lengthy sentences have been imposed 57 56 uence the sentence fl cant consideration is given to a young offender’scant consideration prospects of fi Signi 59

However, the conduct of the offender and the relative gravity of the offence may and the relative gravity of the offence the conduct of the offender However, 58 60 c tariff or guidelines for sentencing. or guidelines for c tariff ﬁ 53 Age and vulnerability of the victim Relationship between the victim and the offender Relationship between the victim and the offender Gender of the offender Age of the offender Factors that may in General sentencing principles sentencing General

ned to those factors that were available for analysis in this report. ﬁ 2.2.3.4 2.2.3.3 2.2.3.2 2.2.3.1 Both the Supreme and County Court of Victoria have jurisdiction to sentence people for the offence of the offence for people to sentence jurisdiction have Victoria Court of County and the Supreme Both manslaughter. rehabilitation and, coupled with the offender’s youth, may warrant the release of the offender on a on rehabilitation and, coupled with the offender’s may warrant the release of the offender youth, non-custodial order. upon the particular circumstances of each case, which can vary enormously in terms of gravity and can vary enormously in terms circumstances of each case, which upon the particular of homicide. both voluntary and involuntary acts Manslaughter cases can include culpability. of murder. brutal manslaughters that fall short offender’ssometimes bear greater importance on the sentencing outcome than the youth. see part 4 below). (although in practice, the data do show gender differences; The following discussion provides an overview of some of the factors that have been considered by the The following discussion provides an it is This is not an exhaustive list of factors; rather, manslaughter. courts in relation to sentencing for con factor that may warrant a non-custodial sanction, particularly for older offenders subjected to ongoing subjected sanction, particularly for older offenders factor that may warrant a non-custodial abuse by the victim. Categories of victims considered vulnerable because of their age include infants Categories of victims considered vulnerable because of their age include Whether the victim is considered ‘vulnerable’ and in need of protection is a signi and Whether the victim is considered ‘vulnerable’ The relationship between the offender and the victim may affect the gravity of the offence. Where the the gravity of the offence. and the victim may affect The relationship between the offender and the victim will commonly be a circumstance victim is a child, any relationship between the offender of aggravation. The gender of the offender alone provides no legal basis for differential treatment in sentencing alone provides no legal basis for differential The gender of the offender The offenders’ youth is a mitigatory factor but does not justify the imposition of an unacceptably youth is a mitigatory factor but does not The offenders’ inappropriate sentence. Sentences for manslaughter take account of the particular circumstances of the offence and the account of the particular circumstances of the offence Sentences for manslaughter take of to the seriousness of the offence due However, as well as a variety of legal principles. offender, may not be as signi the weight given to the circumstances of the offender manslaughter, circumstances in which manslaughter is committed are so varied that the Court of Appeal has not laid so varied that the Court of which manslaughter is committed are circumstances in down any speci denunciation are important principles that guide sentencing for cases. Deterrence, rehabilitation and the prospects of rehabilitation where deterrence and denunciation may outweigh manslaughter; however, is particularly grave. committed the offence The Court of Appeal has not given any formal guideline judgment in respect of the offence of manslaughter. of manslaughter. offence guideline judgment in respect of the Appeal has not given any formal The Court of it is only of the gravity of the offence, has commonly stated that because Appeal the Court of However, will be justi that a non-custodial sentence in exceptional cases The purposes for which sentences may be imposed in relation to manslaughter are the same as those in relation to manslaughter are the which sentences may be imposed The purposes for for murder. of offenders that guide the sentencing 2.2.3 2.2.2 10 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 10 Homicide in Victoria: 2. The legal context of sentencing for murder and manslaughter 2. The legal context of sentencing for murder and manslaughter Homicide in Victoria: Offenders, Victims and Sentencing 11 Victims Offenders, Homicide in Victoria: A repeated pattern of criminal behaviour will warrant a more severe repeated pattern of criminal behaviour A 67 However, an offence is not less serious merely because no knife or other weapon no knife or serious merely because is not less an offence However, 65

66 Summary Gang related incidents Criminal history Use of a weapon Use of

68 69 2.3 In summary, there is a wide range of factors that the court can consider when determining the type and there is a wide range of factors that the court In summary, and In the following parts of this report, we examine whether, length of sentence to impose for homicide. the offender vary according to the characteristics of the offence, to what degree, sentences for homicide and the victim. 2.2.3.7 for killings that arise from pack assaults motivated by racial Longer sentences have been imposed hatred. 2.2.3.6 criminal history that demonstrates a has a prior factor is whether the offender An important aggravating the community. persistent threat to 2.2.3.5 dangerous The more of the offending. of the gravity relevant to an assessment of weapon used is The type and ‘substantial the weapon created particularly where its use will be, the more aggravating the item, violence’. frightening penalty. was used. 12 Homicide in Victoria: Offenders, Victims and Sentencing 3. A proﬁ le of homicide in Victoria 70 56% Homicide in Victoria: Offenders, Victims and Sentencing 13 Victims Offenders, Homicide in Victoria: 44% Manslaughter Murder le of homicide in Victoria homicide le of ﬁ

60% 50% 40% 30% 20% 10% Proportion of the 131 murder victims, men account for 54 per cent; men account for 89 per cent; of the 137 murder offenders, of the 85 manslaughter victims, men account for 71 per cent; and men account for 85 per cent. of the 106 manslaughter offenders, Gender Types of homicide Types A pro A

• • • • See Appendix Table 7 Appendix Table See 3. 3.2 3.1 Figure 2 shows a breakdown of homicide offenders and victims according to their gender and the type of Figure 2 shows a breakdown of homicide offenders and victims of homicide in Victoria: homicide committed. Men are overwhelmingly both the offenders Figure 1: offenders, by type of homicide Homicide Of the 243 homicide offenders examined in this report, 137 (56 per cent) were sentenced for murder and were sentenced for murder and in this report, 137 (56 per cent) examined offenders Of the 243 homicide infanticide) (see Figure 1). were sentenced for manslaughter (including 106 (44 per cent) In this section, broad information is presented about the types of homicide committed in Victoria (including (including in Victoria homicide committed about the types of is presented broad information In this section, imposed. the range of sentences and victims) and offenders and age of homicide gender the number,

11%

11% 11% 90 16

offenders 32%

Manslaughter

34%

32% 31% 25 60

vic t ims 9%

Victim age 19%

Men

2% 1% 15 122 Women

Offender age Offender

1% 2% 1 to 9 10 to 14 15 to 17 18 to 24 25 to 34 35 to 49 50 to 64 65 plus

71 60 2% Murder victims Murder offenders Manslaughter 1 Less than 0 50

100 150 Number 0%

10% 20% 30% 40% Offenders sentenced for murder were most commonly aged between 35 and 49 years, and for murder were most commonly aged between 35 and 49 years, sentenced Offenders between 25 and 49 years. victims were most commonly aged of sentenced for murder was 35 years, and the average age The average age of offenders their victims was 39 years. Age Proportion

• •

See Appendix Table 8 Appendix Table See See Appendix Table 7 Appendix Table See Figure 3: Age distribution of murder victims and offenders Figure 3 and Figure 4 show the age distribution of murder and manslaughter victims and offenders. distribution of murder and manslaughter victims and offenders. Figure 3 and Figure 4 show the age for murder were generally of a similar age as victims of murder: sentenced Offenders Figure 2: Figure homicide and type of offenders, by gender victims and Homicide 3.3 14 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 14 Homicide in Victoria: 3. A proﬁ le of homicide in Victoria

3. A proﬁ le of homicide in Victoria

12%

27%

24%

20%

31%

16%

22% age Victim

4% 13% Homicide in Victoria: Offenders, Victims and Sentencing 15 Victims Offenders, Homicide in Victoria:

Offender age Offender

1% 7%

1 to 9 10 to 14 15 to 17 18 to 24 25 to 34 35 to 49 50 to 64 65 plus 6% 1 Less than Less Offenders sentenced for manslaughter were most commonly aged between 25 and 34 aged between were most commonly manslaughter sentenced for Offenders 49 years. between 35 and commonly aged victims were most years, and their victims on average and aged 32 years manslaughter were sentenced for Offenders on average. were aged 33 years 0% Sentencing outcomes

10% 20% 30% 40%

• • Proportion See Appendix Table 8 Appendix Table See

3.4 The 243 homicide offenders examined in this report attracted a range of sentencing outcomes and, The 243 homicide offenders to imprisonment for murder or as Figure 5 shows, the likelihood of the court sentencing an offender on 91 and 92 per cent of manslaughter was almost identical: a term of imprisonment was imposed found guilty of murder and manslaughter respectively. offenders Figure 4: of manslaughter victims and offenders Age distribution Offenders sentenced for manslaughter were also generally of a similar age as victims of of victims age as a similar of generally also were manslaughter for sentenced Offenders 4): (see Figure manslaughter 92% 91% The evidence (Vic) if a person if a person (Vic) mens rea). Murder Proportion tness to be Tried) Act 1997 tness to be Tried) ﬁ Manslaughter 9% 4% 3% 1% 1% 1% 0% 20% 40% 60% 80% 100% nite custodial sentence. ﬁ Imprisonment Crimes (Mental Impairment and Un Youth training centre training Youth Hospital security order Hospital security Community basedCommunity order Custodial supervision order Custodial supervision Wholly suspended sentence Wholly Imprisonment for Murder

See Appendix Table 9 Appendix Table See Adjourned undertaking with conviction with undertaking Adjourned

All of the offenders who were not sentenced to imprisonment for murder were sentenced to other All of the offenders custodial orders designed to treat their diagnosed mental conditions. Offenders found guilty of murder – as opposed to manslaughter – are expected to attract more severe guilty of murder – as opposed to manslaughter – are expected to attract found Offenders murder involves malice aforethought ( sentencing dispositions because accounting for 91 per cent of all were sentenced to imprisonment for murder, total of 124 offenders A Imprisonment terms ranged from 10 years to life imprisonment, sentenced for this offence. offenders sentenced to life imprisonment for with an average length of 19 years and 1 month. One offender sentenced to imprisonment murder was deemed not eligible for parole. Of the remaining 123 offenders 26 years, with an average of 15 for murder and eligible for parole, non-parole periods ranged from 7 to years and 4 months. is found not guilty by reason of mental impairment the court can sentence the person to a custodial is found not guilty by reason of mental supervision order which is an inde sentence imposed for manslaughter was a wholly suspended In contrast, the second most common with conviction, This was followed by adjourned undertakings sentence of imprisonment (4 per cent). sentenced for manslaughter attracting this disposition. with 3 per cent of all offenders found guilty sentencing outcomes were imposed on offenders supports this contention; more severe custodial supervision order and hospital security order) and less of murder (including imprisonment, adjourned found guilty of manslaughter (including to offenders severe sentences were handed down of imprisonment). No offender undertakings, community based orders and wholly suspended sentences community-based order found guilty of murder received a wholly suspended sentence of imprisonment, or adjourned undertaking with conviction. The second most common sentencing outcome for murder was a custodial supervision order (9 per The second most common sentencing cent). Under s 26 of the Figure 5: Figure type of homicide for homicide, by outcomes Sentencing 3.4.1 16 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 16 Homicide in Victoria: 3. A proﬁ le of homicide in Victoria 3. A proﬁ le of homicide in Victoria

72 73 c type of condition was c type of condition fi ed as intellectually disabled, and ed as intellectually fi for murder. Of these, nine were men for murder. 71 Homicide in Victoria: Offenders, Victims and Sentencing 17 Victims Offenders, Homicide in Victoria: ed as suffering from some form of mental condition (the speci ed as suffering fi Wholly suspended sentence Detention in a youth training centre Hospital security order Custodial supervision order Life imprisonment Imprisonment for Manslaughter Imprisonment Twelve offenders were sentenced to a custodial supervision order were sentenced to a custodial offenders Twelve Ten offenders were sentenced to life imprisonment for murder (7 per cent of all offenders sentenced of all offenders imprisonment for murder (7 per cent were sentenced to life offenders Ten imprisonment was 19 years old and youngest man sentenced to life The were men. for murder) and all Only one offender of 40 at the time of the offence. years of age, with an average age the oldest was 55 was classed without parole and this person was sentenced to life imprisonment found guilty of murder as a ‘serial killer’. for parole, imprisonment for murder and eligible sentenced to life Of the nine offenders to 33 years with an average of 25 years and 3 months. non-parole periods ranged from 23 A total of 97 offenders were found guilty of manslaughter and were sentenced to imprisonment (92 per (92 per sentenced to imprisonment and were guilty of manslaughter were found total of 97 offenders A The was 15 years. and the maximum imposed was 3 years term The minimum imprisonment cent). less than the average – 64 per cent imprisonment months’ 6 years and 11 length was average sentence eligible for were for manslaughter sentenced to imprisonment All offenders length for murder. sentence non-parole remaining 96 offenders for parole immediately and for the was eligible parole. One offender of 4 years and 6 months. 3 days to 13 years, with an average periods ranged from Three men and one woman who were found guilty of manslaughter received wholly suspended sentences Three men and one woman who were found guilty of manslaughter received from 2 to 3 years, as did of imprisonment. Imprisonment terms wholly suspended by the court ranged suffered had a known prior criminal history, the operational period of these orders. None of the offenders only one man successfully four, from a mental condition or had a history of domestic violence. Of the raised the defence of provocation. A 17 year old woman was sentenced to 3 years’ detention in a youth training centre without parole for detention in a youth training 17 year old woman was sentenced to 3 years’ A aged 18 years at – was also a young woman of the offender The victim – an acquaintance manslaughter. Both young women had consumed alcohol at the time of the manslaughter and the time of the offence. had a prior criminal history for ‘other’ offences. The offender the victim died from a stab wound. One man was sentenced to a hospital security order for murder. The order was for a period of 20 years, security order for murder. One man was sentenced to a hospital the man was aged 36 years, had consumed At the time of the offence with a 15 year non-parole period. The victim and offender condition. from a mental and suffered alcohol immediately prior to the offence had a of death was a stab wound. It is unknown if the offender did not know one another and the cause prior criminal history. (75 per cent) and three were women (25 per cent). All orders were for a nominal period of 25 years. All orders (25 per cent). (75 per cent) and three were women unknown for two offenders). Two offenders sentenced to a custodial supervision order were classi sentenced to a custodial offenders Two eight were classi 3.4.6 3.4.7 3.4.5 3.4.3 3.4.4 3.4.2 Adjourned undertaking with conviction Adjourned undertaking Community-based order Community-based

All three adjourned undertakings with conviction were imposed on women sentenced for manslaughter. manslaughter. imposed on women sentenced for undertakings with conviction were All three adjourned the defence of these women successfully raised male victims and although none All three women killed self defence. None had consumed were co-accused and acted in of the offenders of provocation, two history. mental condition or had a prior criminal from a drugs or alcohol, suffered A 30 year old woman was sentenced to a community-based order for infanticide, a type of manslaughter. manslaughter. a type of order for infanticide, to a community-based was sentenced 30 year old woman A drugs or not consumed The defendant had of 18 months. was for a period order The community-based less than aged her baby daughter, drowned The defendant from depression. was suffering alcohol, but prior criminal history. did not have a The offender the time of death. 1 year at 3.4.9 3.4.8 18 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 18 Homicide in Victoria: 3. A proﬁ le of homicide in Victoria 4. Offender demographics and sentencing outcomes 92% ect the different ect the different ﬂ 80% Men Proportion Women 74 Homicide in Victoria: Offenders, Victims and Sentencing 19 Victims Offenders, Homicide in Victoria: 20% 7% 1% 0% 20% 40% 60% 80% 100% order Imprisonment Of the 15 women sentenced for murder, three suffered from a mental condition and all three three suffered Of the 15 women sentenced for murder, were sentenced to a custodial supervision order. from a mental condition and only 10 19 out of the 122 men sentenced for murder suffered The remaining nine were sentenced to a custodial supervision or hospital security order. were sentenced to imprisonment despite their mental condition. Sentencing men and women for murder men and women for murder Sentencing Offender demographics and sentencing outcomes sentencing and demographics Offender • • Custodial supervision Hospital security order See Appendix Table 9 Appendix Table See

4.1 Imprisonment was the most common sentence imposed on both men and women found guilty of murder. women found guilty of murder. Imprisonment was the most common sentence imposed on both men and This men were 15 per cent more likely to be sentenced to imprisonment than were women. However, from some form of mental condition were more likely may be partly due to the fact that women suffering to avoid prison for murder: from a mental condition had been sentenced to a custodial If all men found guilty of murder and suffering the proportion of men sentenced to imprisonment for murder supervision or hospital security order, would approach that of women (84 per cent). in the sentence types imposed for murder re It is also possible that gender differences to kill in a domestic context, circumstances in which men and women kill, with women being more likely often responding to violence from their male partners. Of the 137 offenders sentenced for murder, 89 per cent were men (n=122 ) and 11 per cent were women men (n=122 ) and 11 89 per cent were for murder, sentenced Of the 137 offenders of murder. on men and women found guilty the distribution of sentences imposed (n=15). Figure 6 shows sentence. murder were given some form of custodial sentenced for All 137 offenders Figure 6: by gender of offender Sentence types imposed for murder, This section provides a comparative analysis of the sentencing outcomes imposed on men and women on men and women outcomes imposed of the sentencing analysis provides a comparative This section age groups. of varying offenders those imposed on as well as manslaughter, of murder and found guilty type and length and the an offender’s between is to identify any relationships The aim age and gender, for homicide. of sentence imposed 4. 9% 10% Men 24% Years 25% Women 51% ect the different circumstances in which men and women kill. As circumstances in which men and women kill. ect the different ﬂ 58% 75 6% 10-14 15-19 20-24 25+ Life 17% The length of imprisonment terms for men ranged from 13 years to life imprisonment, and The length of imprisonment terms for years. for women they ranged from 10 to 23 term imposed on men for murder was 19 years and 4 The average length of imprisonment months, compared to 16 years and 10 months for women. and no women were sentenced to life imprisonment for murder. men Ten 0% Sentencing men and women for manslaughter Sentencing men and women to imprisonment for murder imprisonment women to men and Sentencing

20% 40% 60% 80% • • • Proportion

See Appendix Table 10 Appendix Table See

Of the 106 offenders sentenced for manslaughter, 85 per cent were men (n=90) and 15 per cent were sentenced for manslaughter, Of the 106 offenders on men and women found guilty women (n=16). Figure 8 shows the distribution of sentences imposed of manslaughter. Not only were women less likely to be sentenced to imprisonment for murder, but imprisonment terms be sentenced to imprisonment for murder, Not only were women less likely to shorter than those for men (see Figure 7): imposed on women for murder were It is possible that these differences re It is possible that these differences partners (or sexual rivals) Morgan points out, ‘Men are much more likely than women to kill their female to kill their male partners in are much more likely or control. Women possessiveness out of jealousy, response to violence from them’. Figure 7: by gender of offender for murder, Length of imprisonment terms imposed Figure 7 shows the distribution of length of imprisonment terms imposed on men and women found guilty and women found imposed on men terms of length of imprisonment the distribution Figure 7 shows imprisonment sentenced to of men and women that the number to remember It is important of murder. cent 90 per for murder, to imprisonment sentenced offenders Of the 124 is vastly different. for murder were women (n=12). and 10 per cent (n=112) were men 4.1.1 4.2 20 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 20 Homicide in Victoria: 4. Offender demographics and sentencing outcomes 4. Offender demographics and sentencing outcomes 97% 63% Men Proportion Women Homicide in Victoria: Offenders, Victims and Sentencing 21 Victims Offenders, Homicide in Victoria: 19% 3% ve avoided immediate prison or detention (31 per cent). Of these: ve avoided immediate prison or detention (31 per cent). Of 6% 6% 6% ﬁ 0% 20% 40% 60% 80% 100% Imprisonment sentence One was sentenced to a wholly suspended sentence for the manslaughter of her male One was sentenced to a wholly suspended The woman her after consuming drugs and alcohol. friend who had used violence against The victim had used violence against of the offence. had also consumed alcohol at the time the cause of death was a beating using a blunt instrument. and the offender from an intellectual disability and was sentenced to a community based One was suffering order. were aged 14 and 16 years and were sentenced to an adjourned undertaking with Two The step-father conviction for the manslaughter of the step-father of one of the offenders. violence against the had a prior history of domestic violence and had initiated the use of the killing and had young women. He had consumed both alcohol and drugs at the time of death was a stab wound with a The cause of a prior criminal history for ‘other’ offences. knife. with conviction One was 68 years of age and was sentenced to an adjourned undertaking The victim was 68 years old and had consumed alcohol for the manslaughter of her spouse. cause of death was a beating, using a blunt instrument. The at the time of the offence. but there was a history of domestic The victim had not used violence against the offender, violence. None had a prior criminal history. with conviction with Wholly suspended Wholly • • • • • Youth training centre Adjourned undertaking See Appendix Table 9 Appendix Table See Community based order

As Figure 8 shows, imprisonment was the most common sentence imposed on both men and women As Figure 8 shows, imprisonment was men were more likely to be sentenced to As was the case with murder, found guilty of manslaughter. women. In fact, men were 54 per cent more likely to be sentenced imprisonment for manslaughter than women. to imprisonment for manslaughter than more variety in sentencing outcomes for there was for murder, In contrast to the results found above particularly for women. Of the 16 women including non-custodial options, which were used manslaughter, sentenced for manslaughter, prison, one woman found Unlike the case for murder where every woman with a mental condition avoided imprisonment, from a mental condition was sentenced to 7 years’ guilty of manslaughter and suffering for manslaughter generally (6 which is comparable to the average length of imprisonment imposed months). years and 11 Figure 8: Figure of offender by gender for manslaughter, types imposed Sentence 2% ed above who were both who were both ed above ﬁ 7% Men Years Women 83% 60% 8% 0-4 5-9 10-14 15 40% none had a prior criminal history; and none had a prior criminal the defence of provocation. one successfully raised none had a history of domestic violence; none had a history to 8 years. was 7 years and 1 The average term of imprisonment imposed on men for manslaughter month, and for women it was 5 years and 5 months. Imprisonment terms for men ranged from 3 to 15 years, and for women ranged from 3 years Imprisonment terms for men ranged from 3 to 15 years, and for women 0% 80% 60% 40% 20% Sentencing men and women to imprisonment for manslaughter Sentencing men and women

100%

• • • • • Proportion

See Appendix Table 11 Appendix Table See

Of the 90 men sentenced for manslaughter, 10 successfully raised the defence of provocation and one 10 successfully raised the defence for manslaughter, Of the 90 men sentenced sentence). Overall, three to prison (sentenced to a wholly suspended was not sentenced male offender imprisoned (3 per cent) and of these: sentenced for manslaughter were not out of the 90 men Three of the 16 women sentenced for manslaughter were responding to the use of violence by the by the of violence the use to responding were manslaughter for sentenced 16 women of the Three women identi (the two young avoided prison two of these women victim. Only Four of the 16 raised the defence of provocation. for manslaughter successfully No woman sentenced violence or father with a prior history of domestic for manslaughter killed a partner women sentenced of imprisonment. were not sentenced to a term and two of these women sentenced to an adjourned undertaking with conviction). The one woman who did not avoid prison had did not avoid prison one woman who The conviction). undertaking with to an adjourned sentenced She was sentenced of domestic violence. and had a history of the incident alcohol at the time consumed for manslaughter. term imposed imprisonment – the third shortest imprisonment to 4 years’ Not only were women less likely to be sentenced to imprisonment for manslaughter, but the length of but the length manslaughter, Not only were women less likely to be sentenced to imprisonment for imprisonment terms were shorter than those for men (see Figure 9): Figure 9: by gender of offender Length of imprisonment terms for manslaughter, Of the 97 offenders sentenced to imprisonment for manslaughter, 90 per cent were men (n=87) and 10 sentenced to imprisonment for manslaughter, Of the 97 offenders 9 shows the distribution of length of imprisonment terms imposed per cent were women (n=10). Figure manslaughter. on men and women found guilty of 4.2.1 22 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 22 Homicide in Victoria: 4. Offender demographics and sentencing outcomes 4. Offender demographics and sentencing outcomes 14 yrs, 11 mths Total 17 yrs, 8 mths order 18 yrs, 10 mths Hospital security uence of age uence ﬂ 20 yrs, 4 mths uence on the type of sentence imposed for murder: imposed for the type of sentence uence on ﬂ Age of offender Custodial Homicide in Victoria: Offenders, Victims and Sentencing 23 Victims Offenders, Homicide in Victoria: supervision order 18 yrs, 7 mths 19 yrs

uenced by the age of the offender: shorter prison sentences are imposed shorter prison sentences the age of the offender: uenced by 76 ﬂ Imprisonment 14 yrs 10 - 1410 - 17 15 - 24 18 - 34 25 - 49 35 - 64 50 - 65 plus 5 0

25 20 15 10 Sentencing for murder and the in and for murder Sentencing Years See Appendix Table 12 Appendix Table See

uence on the type of sentence imposed for murder. The following analysis of the impact of the age of The following uence on the type of sentence imposed for murder. fl 10 to 1415 to 1718 to 2425 to 3435 to 4950 to 6465 plusTotal 1 2 22 40 42 13 4 124 4 3 3 2 12 1 1 1 2 26 43 46 15 137 4 4.3 Figure 10: age of offender by length of imprisonment term imposed for murder, Average As noted above, it appears that a sentence of imprisonment is always imposed for murder except where As noted above, it appears that a sentence have an is unlikely to Therefore, the age of the offender from a mental condition. suffered the offender in term imposed. sentencing outcomes will therefore focus on the length of imprisonment on the offender imprisonment imposed for murder according to the age of the offender Figure 10 shows the average term of evidence shows that the duration of imprisonment terms The (excluding life sentences of imprisonment). for murder appears to be in on younger offenders and on older offenders aged over 65. The average imprisonment term for murder aged over 65. and on older offenders on younger offenders were shortest aged 25 to 34 years; imprisonment terms offenders peaked at 20 years and 4 months for (14 years years) and for older offenders aged 10 to 14 (14 years for offenders for the youngest offenders years and above). aged 65 months for offenders and 11 Table 3: Table type and age of offender by sentence sentenced for murder, Offenders Table 3 shows the types of sentences imposed for murder according to the age of the offender at the at the offender to the age of the murder according imposed for the types of sentences 3 shows Table little in that age has incident. It appears time of the were centre and both in a youth training eligible for detention for murder were sentenced two offenders sentenced to imprisonment. 23 Total uenced by the uenced by the fl Adjourned undertaking with conviction uence of age uence fl Community based order Wholly sentence suspended centre Youth training Youth

Only one offender aged over 65 years was sentenced to imprisonment; the remaining two years was sentenced to imprisonment; aged over 65 Only one offender of a wholly suspended sentence undertaking with conviction and received an adjourned imprisonment. avoided immediate than 18 years, three (20 per cent) aged less Of the 15 offenders with conviction or detention were sentenced to adjourned undertakings imprisonment and centre. in a youth training 77 Sentencing for manslaughter and the in for manslaughter Sentencing

• • Imprisonment

10 to 1415 to 1718 to 2425 to 3435 to 4950 to 64 1265 plus 23 Total 32 23 6 1 1 97 1 2 1 1 4 1 1 1 1 14 1 1 3 33 25 7 106 3 4.4 Figure 11 shows the average length of imprisonment terms imposed for manslaughter by the age of the shows the average length of imprisonment terms Figure 11 for manslaughter appears to be in The duration of prison terms handed down offender. age of the offender: shorter prison sentences were imposed on young offenders and on older offenders and on older offenders shorter prison sentences were imposed on young offenders age of the offender: aged for manslaughter peaked at 8 years for offenders The average imprisonment term aged over 50. months for 11 (5 years and were shortest for young offenders 25 to 34 years; imprisonment terms aged 50 years 9 months for offenders (5 years and 15 to 17 years) and older offenders aged offenders and above). Table 4: Table type and age of offender by sentence sentenced for manslaughter, Offenders Table 4 shows the types of sentences imposed for manslaughter according to the age of the offender of the offender to the age manslaughter according imposed for the types of sentences 4 shows Table the offender’s relationship between appears to be some There age incident. of the homicide at the time for manslaughter: of sentence imposed and the type 24 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 24 Homicide in Victoria: 4. Offender demographics and sentencing outcomes 4. Offender demographics and sentencing outcomes 5 yrs, 9 mths 7 yrs, 4 mths 8 yrs Age of offender Homicide in Victoria: Offenders, Victims and Sentencing 25 Victims Offenders, Homicide in Victoria: 6 yrs 5 yrs, 15 - 1715 - 24 18 - 34 25 - 49 35 - 50 plus 11 mths

9 8 7 6 5 4 3 2 1 0 Years See Appendix Table 13 Appendix Table See

Figure 11: 11: Figure of offender by age for manslaughter, term imposed length of imprisonment Average : offender: offenders with mental health issues – and in particular women with mental health and in particular women with mental with mental health issues – offenders offender: to and more likely to be sentenced likely to be sentenced to imprisonment issues – were less custodial supervision and hospital treatment for their condition (including an order providing security orders). with women gender of the offender, terms varied according to the The duration of prison prison terms on average. attracting shorter of the duration however, offender, not vary according to the age of the Sentence type did were shorter for older and younger offenders). prison terms did (sentence lengths less women were to the gender of the offender: Sentencing outcomes varied according and – where imprisonment was imposed – prison likely to be sentenced to imprisonment terms were on average shorter for women. adjourned undertakings to the age of the offender: Sentencing outcomes varied according was and – where imprisonment and older offenders were only handed down to young for these groups. imposed – sentence lengths were shorter The type of sentence imposed varied according to the gender and mental condition of the gender and mental condition of the imposed varied according to the The type of sentence : ect the different circumstances in which men and women commit homicide: women are far circumstances in which men and women commit homicide: women ect the different ﬂ Summary Summary

• • • • •

manslaughter murder For of homicide is in sentence types and lengths imposed on men and women found guilty The difference likely to re to violence from their male partners, while men are more more likely to kill in the context of responding In the following sections of this report, possessiveness or control. likely to kill in the context of jealousy, to help and victims is undertaken of homicide incidents, offenders further analysis of the characteristics in sentencing patterns. inform these differences For In summary, sentencing outcomes for homicide vary according to the age and gender of the offender. of the offender. age and gender according to the for homicide vary outcomes sentencing In summary, 4.5 26 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 26 Homicide in Victoria: 4. Offender demographics and sentencing outcomes 5. Relationship between victim and offender primary friend or 22% r de 17% r u 14% M or unknown relationships. 78 r e ht of their victim; again, these homicides were of their victim; again, these homicides of the victim (21 per cent) and most of these of the victim (21 per cent) and most Proportion aug l s n 9% a M to their victim and these homicides were equally split to their victim and these homicides 9% Homicide in Victoria: Offenders, Victims and Sentencing 27 Victims Offenders, Homicide in Victoria: 6% 7% 7% family members intimate partner strangers 3% 2% 2% cations is provided in Table 14 in the Appendix. 14 in the Table is provided in cations fi 1% 1% 0% 5% 10% 15% 20% 25% Family cally recommended that the Sentencing Advisory Council monitor sentencing trends in sentencing trends Council monitor Advisory that the Sentencing recommended cally fi Stranger Unknown Intimates (39 per cent). Offenders who killed a friend or acquaintance were more commonly killed a friend or acquaintance were who (39 per cent). Offenders Gang member Relationship between victim and offender victim between Relationship ve homicide offenders was the homicide offenders ve fi Other relationship Other , by whether the offender was sentenced for murder or manslaughter. The relationship between for murder or manslaughter. was sentenced , by whether the offender See Appendix Table 15 Appendix Table See Friend/acquaintance

offenders were sentenced for murder as opposed to manslaughter. sentenced for murder as opposed to manslaughter. were offenders were 18 per cent of homicide offenders and manslaughter. almost equally split between murder small proportion involved gang members, ‘other’ relationships A Figure 12: by type of homicide homicide victim and offender, Relationship between victim (97 per cent). homicide offenders is known for 236 out of the 243 and the primary victim the offender and victims was a offenders type of relationship between homicide The most prevalent acquaintance as opposed to manslaughter. sentenced for murder One in between murder and manslaughter. were 13 per cent of homicide offenders Figure 12 shows the distribution of relationship types between homicide offenders and the between homicide offenders the distribution of relationship types Figure 12 shows The VLRC speci The VLRC in such cases outcomes analyses of sentencing section presents The following family violence. cases of on how emphasis with particular victims and offenders, between homicide the relationship by examining full list of A varies according to this relationship. of sentence imposed for homicide the type and length and classi relationship types 5. 96% 95% 91% 100% 100% 100% 93% 86% ect the different ect the different ﬂ 88% 78% were least likely to be sentenced likely to be sentenced were least 60% Murder Proportion Manslaughter were most likely to be sentenced to imprisonment (100 to imprisonment likely to be sentenced were most murder of a family member murder of 0% 20% 40% 60% 80% 100% Family Stranger Intimates relationship between victim and offender relationship between Gang member Gang

Other relationship Friend/acquaintance

See Appendix Table 16 Appendix Table See manslaughter of a stranger or gang member of a stranger manslaughter

Figure 13 shows the proportion of homicide offenders sentenced to imprisonment, according to the to according to imprisonment, sentenced offenders of homicide proportion the 13 shows Figure for sentenced offenders homicide. Overall, and the type of and offender between the victim relationship the per cent) and offenders sentenced for the sentenced for the and offenders per cent) to imprisonment (60 per cent). In fact, offenders who killed strangers or family members were more likely members were more or family who killed strangers In fact, offenders (60 per cent). to imprisonment rather than murder. of manslaughter if convicted to imprisonment to be sentenced circumstances in which offenders kill and differences in the characteristics of the incident, offender and of the incident, offender in the characteristics kill and differences circumstances in which offenders sentenced for the murder of a family member were least likely to be victim. For example, offenders from were more likely to suffer sentenced to imprisonment and this may be because these offenders sentenced for the murder of a family As Figure 14 shows, 40 per cent of offenders a mental condition. were more likely from such conditions suffering from a mental condition and offenders member suffered to avoid prison and receive an order providing treatment. It is important to remember that any difference in the type and length of sentence imposed for homicide in the type and length of sentence imposed difference It is important to remember that any is likely to re between the victim and offender according to the type of relationship Figure 13: 13: and to imprisonment, by type of homicide of homicide offenders sentenced Proportion Figure 28 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 28 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender 40% Murder Proportion Manslaughter victim, by the type of homicide. As Figure 15 shows, victim, by the type of homicide. 14% 14% Homicide in Victoria: Offenders, Victims and Sentencing 29 Victims Offenders, Homicide in Victoria: 17% primary 9% 8% 5% 0% 10% 20% 30% 40% 50% Family Stranger Intimates of homicide and type of relationship between victim and offender between and type of relationship of homicide Friends and acquaintances Other relationship victim (39 per cent). Of the 94 offenders sentenced for the homicide of a friend or acquaintance, sentenced for the homicide of a friend or acquaintance, victim (39 per cent). Of the 94 offenders Friend/acquaintance See Appendix Table 17 Appendix Table See

5.1 A total of 94 of the 243 offenders sentenced for homicide were the friends or acquaintances of the sentenced total of 94 of the 243 offenders A primary The following sub sections provide a more detailed examination of sentencing outcomes for homicides The following sub sections provide partners, strangers and family members with particular between friends/acquaintances, intimate aggravating or mitigating circumstances and the type and length of emphasis on the type of homicide, sentence imposed by the court. were sentenced were sentenced for murder and 44 per cent (41 offenders) 56 per cent (53 offenders) Figure 15 shows the distribution of sentence types imposed on homicide offenders for manslaughter. who were friends or acquaintances with the sentenced for the murder of a friend or acquaintance were slightly more likely to be sentenced offenders to imprisonment than those sentenced for manslaughter. Figure Figure 14: by type a mental condition, suffered from for homicide who offenders sentenced Proportion of 96% 93% Murder Proportion Manslaughter 4% 2% 2% 2% 79 0% 20% 40% 60% 80% 100% order Imprisonment three offenders suffered from a mental illness; two were sentenced to a custodial supervision from a mental illness; two were sentenced suffered three offenders imprisonment. years’ order and one was sentenced to 27 with a prior criminal history were sentenced to an average imprisonment term of Offenders 20 years and 9 months. with no prior criminal history were sentenced to an average imprisonment term Offenders of 18 years and 4 months. one offender suffered from depression and was sentenced to 27 years’ imprisonment; and years’ from depression and was sentenced to 27 suffered one offender one offender suffered from an intellectual disability and was sentenced to 18 years’ sentenced to 18 years’ from an intellectual disability and was suffered one offender imprisonment; imposed and type of homicide imposed sentence Murder

• • • • • with conviction Wholly suspended Youthtraining centre Custodial supervision

See Appendix Table 18 Appendix Table See Adjourned undertaking

21 of the 53 offenders sentenced for the murder of a friend or acquaintance had a prior criminal history 21 of the 53 offenders sentenced to imprisonment for the (40 per cent) and all were sentenced to imprisonment. Offenders longer prison terms: murder of a friend or acquaintance who had a prior criminal history attracted Of the 51 offenders sentenced to imprisonment for the murder of a friend/acquaintance, imprisonment Of the 51 offenders The average and 2 months. terms ranged from 10 years to life imprisonment, with an average of 19 years comparable to that imposed for imprisonment term imposed for the murder of a friend/acquaintance is murder generally (19 years and 1 month). A total of 51 out of the 53 offenders sentenced for the murder of a friend/acquaintance received a term sentenced total of 51 out of the 53 offenders A suffered sentenced for the murder of a friend/acquaintance of imprisonment. Five of the 53 offenders these were not sentenced to prison: from a mental condition and two of Figure 15: 15: Figure by sentence the primary victim, with were friends or acquaintances offenders who Homicide 5.1.1 30 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 30 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender of a friend/acquaintance were primarily sentenced to

Homicide in Victoria: Offenders, Victims and Sentencing 31 Victims Offenders, Homicide in Victoria: did not vary according to whether the victim and offender were friends did not vary according to whether the victim and offender murder A 17 year old girl with a prior criminal history for ‘other’ offences was sentenced to 3 was sentenced ‘other’ offences history for with a prior criminal 17 year old girl A of an 18 year old female centre for the manslaughter detention in a youth training years’ and victim had consumed alcohol. the offender acquaintance. Both undertaking was sentenced to an adjourned old girl with no prior criminal history 16 year A The victim had male acquaintance. the manslaughter of a 35 year old with conviction for alcohol and drugs. and had consumed violence against the offender initiated the use of suspended history was sentenced to a wholly old woman with no prior criminal 41 year A had used violence The victim friend. of her 31 year old male sentence for the manslaughter had The victim but only in retaliation for the offender’s violence. against the offender, consumed alcohol. had also and alcohol, and the offender consumed drugs (marijuana) 10 a prior criminal history were sentenced to an average of 6 years and with Offenders imprisonment. months’ and 8 no prior criminal history were sentenced to an average of 5 years with Offenders imprisonment. months’ sentenced for the manslaughter of a friend/acquaintance received a All 34 male offenders term of imprisonment (100 per cent). friend/acquaintance Only four out of seven women sentenced for the manslaughter of a received a term of imprisonment (57 per cent). Summary Manslaughter immediate imprisonment; the only exception was some offenders suffering from a mental suffering immediate imprisonment; the only exception was some offenders condition who were sentenced to a custodial supervision order. were similar to those Imprisonment terms imposed for the murder of a friend/acquaintance with no prior criminal history attracted shorter offenders imposed for murder generally; however, prison terms on average. Offenders sentenced for the murder Offenders • • • • • • • • • or acquaintances. Sentencing outcomes for the murder of a friend or acquaintance did, however, vary acquaintance did, however, or acquaintances. Sentencing outcomes for the murder of a friend or and their prior criminal history: according to the mental condition of the offender Sentencing outcomes for 38 out of 41 offenders sentenced for the manslaughter of a friend/acquaintance received a term of received a friend/acquaintance manslaughter of sentenced for the 41 offenders 38 out of avoided of a friend/acquaintance for the manslaughter sentenced offenders Only three imprisonment. were women: detention and all prison or acquaintance, the sentenced to imprisonment for the manslaughter of a friend or Of the 38 offenders from 3 to 15 years with an average of 6 years and 3 months. length of imprisonment terms ranged imposed for the manslaughter of a friend/ imprisonment terms Similarly to the results found for murder, months). imposed for manslaughter generally (6 years and 11 acquaintance are comparable to those raised the sentenced for the manslaughter of a friend/acquaintance successfully Only one offender killed a 19 year old friend with a knife and was sentenced The 18 year old had defence of provocation. of a friend/ which is longer than the average imposed for the manslaughter imprisonment, to 8 years’ 3 months). acquaintance generally (6 years and a prior criminal sentenced for the manslaughter of a friend or acquaintance had 22 out of the 41 offenders imprisonment for sentenced to or detention. Offenders history and all were sentenced to imprisonment who had a prior criminal history attracted more severe the manslaughter of a friend or acquaintance sentencing outcomes: to receive a term for the manslaughter of friends or acquaintances were less likely sentenced Women of imprisonment: 5.1.3 5.1.2 victim 91% primary 88% Murder Proportion Manslaughter did not vary according to whether the victim and offender were offender and the victim to whether vary according did not 20% 40% 60% 80% 100% 9% 6% 6% manslaughter order Imprisonment All male offenders sentenced for the manslaughter of a friend/acquaintance were sentenced were of a friend/acquaintance for the manslaughter sentenced All male offenders avoided prison who Women per cent of women. compared to 57 imprisonment, to immediate extremely young (aged less than of a friend/acquaintance were either for the manslaughter to violence by the victim, or both. 17 years), subjected to a friend/acquaintance were similar imposed for the manslaughter of Imprisonment terms with no prior criminal history offenders manslaughter generally; however, those imposed for terms on average. attracted shorter prison homicide sentence Intimate partner homicides Intimate partner

• • with conviction Wholly suspended Custodial supervision

See Appendix Table 19 Appendix Table See Adjourned undertaking

Sentencing outcomes for outcomes Sentencing friends or acquaintances. Sentencing outcomes for the manslaughter of a friend or acquaintance did, or acquaintance of a friend for the manslaughter Sentencing outcomes acquaintances. friends or as well as the use the offender criminal history of gender and prior to the age, vary according however, by the victim: of violence Figure 16: and type of by sentence imposed Homicide offenders who killed an intimate partner, 16: Figure A total of 51 of the 243 homicide offenders were in an intimate relationship with their total of 51 of the 243 homicide offenders A (21 per cent). Intimate partner refers to spouses (whether current, separated or divorced), de-facto, ex (21 per cent). Intimate partner refers former girlfriend/boyfriend, homosexual girlfriend/boyfriend, lover, de-facto, extra-marital lover/former intimate partner, who killed an relationship. Of the 51 offenders relationship and former homosexual per cent) and 16 were sentenced for manslaughter (31 per cent). 35 were sentenced for murder (69 in an intimate who were outcomes for homicide offenders Figure 16 shows the distribution of sentencing As Figure 16 shows, the likelihood of an to the type of homicide. relationship with their victim, according greater than sentenced to imprisonment for the murder of an intimate partner is slightly being offender for the manslaughter of an intimate partner. sentenced for offenders 5.2 32 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 32 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender

80 uences whether an offender will avoid offender uences whether an ﬂ Homicide in Victoria: Offenders, Victims and Sentencing 33 Victims Offenders, Homicide in Victoria: A wholly suspended sentence was imposed on a 76 year old man who killed his 78 year wholly suspended sentence was imposed on a 76 year old A There was no of illicit drugs (drug type unknown). old wife following the consumption and the man attempted suicide following the homicide recorded history of domestic violence incident. was imposed on a 68 year old woman who killed An adjourned undertaking with conviction not There was a history of domestic violence, but the victim had her 68 year old husband. had consumed alcohol. The victim during the incident. used violence against the offender was sentenced to 6 An 83 year old man stabbed his wife during a domestic argument and imprisonment. years’ 55 year old man killed his wife with a stick during an argument in 1981 and was sentenced A imprisonment. in 2002 to 7 years’ 34 year old man bludgeoned his wife with a hammer when she was trying to end their A imprisonment. marriage to be with another man. He was sentenced to 8 years’ 43 year old man bludgeoned and then strangled his estranged wife and was sentenced A imprisonment. years’ to 11 Use of violence by the victim against the offender(s) Manslaughter Murder • • • • • • In this section, information is presented about whether the victim used violence against the offender violence against the offender In this section, information is presented about whether the victim used homicide). Where possible, at the time of the homicide incident (also referred to as victim-precipitated and those against the offender a distinction is made between victims who initiated the use of violence This information relates to victims who used violence in retaliation for the offender’s violent behaviour. not refer to any prior history of the use of violence at the time of the homicide incident itself and does violent behaviour by either the victim or offender. As shown in Figure 16, 88 per cent of offenders sentenced for the manslaughter of an intimate partner of an intimate partner sentenced for the manslaughter 16, 88 per cent of offenders As shown in Figure to 91 per cent of those sentenced compared imprisonment (14 out of 16 offenders), received a term of the manslaughter of an intimate partner, Of the 14 people sentenced to imprisonment for for murder. The an average of 6 years and 10 months. years with from 4 to 11 length of imprisonment terms ranged for the manslaughter of an intimate partner is comparable to that average imprisonment term imposed months). (6 years and 11 imposed for manslaughter generally of an intimate partner did not receive a prison term. Both sentenced for the manslaughter offenders Two with no prior criminal history: were older offenders The offender’s does not appear to be the sole factor that in age 68 years who aged over There were three offenders partner. prison for the manslaughter of an intimate of an intimate partner and only two avoided imprisonment, with an were sentenced for the manslaughter partner. imprisonment for the manslaughter of his intimate 82 year old man sentenced to 6 years’ the defence sentenced for the manslaughter of an intimate partner successfully raised Four offenders of provocation: As shown in Figure 16, 91 per cent of offenders sentenced for the murder of an intimate partner were an intimate partner for the murder of sentenced per cent of offenders in Figure 16, 91 As shown of an for the murder sentenced offenders Five (32 out of 35 offenders). to imprisonment sentenced term; not receive a prison three of these did condition and from a mental were suffering intimate partner order. supervision to a custodial were sentenced these offenders Of the 32 offenders sentenced to imprisonment for the murder of an intimate partner, the length of the an intimate partner, to imprisonment for the murder of sentenced Of the 32 offenders years and 10 with an average of 18 ranged from 15 years to life imprisonment imprisonment terms an intimate partner is slightly shorter term imposed for the murder of The average imprisonment months. month). for murder overall (19 years and 1 than that imposed 5.2.3 5.2.2 5.2.1 96% 83% of sentence imposed for of sentence

Figure 17 shows the distribution of Figure 17 shows the distribution of 81 No historyNo domestic of violence Proportion of an intimate partner, 34 per cent (12 offenders) had 34 per cent (12 offenders) of an intimate partner, murder 17% History domestic of violence 4% 0% 20% 40% 60% 80% 100% uenced by whether the victim initiated the violence or responded to the offender’s initiated the violence or responded uenced by whether the victim ﬂ A four year sentence of imprisonment – the shortest imposed for homicide cases examined shortest imposed for homicide cases sentence of imprisonment – the four year A of a victim who had for the manslaughter imposed on an offender in this report – was was The offender at the time of the offence. violence against the offender initiated the use of shortest non-parole period imposed after 1 year and 4 months – again the eligible for parole examined here. for homicide cases used violence in response to the for the murder of a victim who sentenced offenders Two This is imprisonment. offender’ssentenced to 17 and 20 years’ violent behaviour were term imposed for murder generally. comparable to the average imprisonment there was a history of domestic violence order Imprisonment Sentencing offenders for murder where there is a history of domestic for Sentencing offenders violence • •

See Appendix Table 20 Appendix Table See Custodial supervision

murder or manslaughter: all four homicide offenders subjected to violence by the victim at the time of by the victim at the to violence subjected four homicide offenders manslaughter: all murder or term imposed the length of the imprisonment sentenced to imprisonment. However, the homicide were in does appear to be for manslaughter but not for murder: violent behaviour The use of violence against the offender does not appear to mitigate the type does not appear the offender of violence against The use Of the 51 offenders sentenced for an intimate partner homicide, four (8 per cent) had been subjected subjected had been per cent) four (8 homicide, partner intimate for an sentenced 51 offenders Of the two for for murder and were sentenced Two homicide. at the time of the by the victim to violence manslaughter. sentence types imposed for the murder of an intimate partner, by whether there was a history of domestic of an intimate partner, sentence types imposed for the murder violence in the relationship. Figure 17: and whether by sentence imposed Offenders sentenced for the murder of an intimate partner, Of the 35 offenders sentenced for the Of the 35 offenders perpetrators or victims. a history of domestic violence as either The VLRC recommended that the Sentencing Advisory Council monitor sentencing trends in cases Advisory Council monitor sentencing trends Sentencing The VLRC recommended that the had the offender had previously been subjected to family violence and in those where where the offender The available data only allow analysis of incidents where violence. previously subjected the deceased to whether the had a history of domestic violence; they do not distinguish either the victim or the offender The following sections therefore examine perpetrator or the victim during this history. was the offender manslaughter cases where there is a history of domestic violence sentencing outcomes for murder and and who who was the perpetrator without differentiating offender, on the part of either the victim or the the victim. 5.2.4 34 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 34 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender 91% ve (31 per cent) had ﬁ 80% Figure 18 shows the distribution of Figure 18 shows the distribution of 82 No historyNo domestic of violence Proportion of an intimate partner, of an intimate partner, Homicide in Victoria: Offenders, Victims and Sentencing 35 Victims Offenders, Homicide in Victoria: manslaughter 20% 9% History domestic of violence 0% 20% 40% 60% 80% 100% Imprisonment whether there was a history of domestic violence whether there was a history of domestic Where there was a history of domestic violence, the average length of imprisonment term average length of imprisonment term a history of domestic violence, the Where there was months. partner was 19 years and 8 for murder of an intimate for the average imprisonment term no history of domestic violence, Where there was of months (excluding life sentences partner was 18 years and 4 murder of an intimate imprisonment). sentence Sentencing offenders for manslaughter where there is a history of for Sentencing offenders domestic violence • • Wholly suspended See Appendix Table 21 Appendix Table See Adjourned undertaking

a history of domestic violence as either perpetrators or victims. a history of domestic violence as either Figure 18: 18: Figure and by sentence imposed Offenders sentenced for the manslaughter of an intimate partner, Of the 16 offenders sentenced for the Of the 16 offenders sentence types imposed for the manslaughter of an intimate partner, by whether there was a history of of an intimate partner, sentence types imposed for the manslaughter domestic violence in the relationship. Offenders sentenced for the murder of an intimate partner where there was a history of domestic was a history of where there an intimate partner the murder of sentenced for Offenders a more likely to receive imprisonment and be sentenced to were less likely to in the relationship violence a custodial received (two out of 12 offenders) offenders 17 per cent of these supervision order: custodial for murder of sentenced out of 23 offenders) (one offenders to 4 per cent of order compared supervision in the relationship. of domestic violence there was no history partner where an intimate partner where there was a history for the murder of an intimate sentenced 83 per cent of offenders comparison of A (10 out of 12 offenders). attracted a sentence of imprisonment of domestic violence with a history of partner reveals that offenders imposed for murder of an intimate sentence lengths outcomes: attracted more severe sentencing domestic violence of an intimate partner where there was a history of domestic No person sentenced for the murder for the murder of an intimate sentenced There were four offenders violence received life imprisonment. These offenders issued against them at the time of the homicide. partner who had an intervention order imprisonment term imprisonment, higher than the average years’ were sentenced to an average of 20 1 month). for murder generally (19 years and 5.2.5 uenced ﬂ of a stranger: ve offenders), compared to 91 per cent of offenders where where of offenders to 91 per cent compared ve offenders), ﬁ did not vary according to whether the offender and victim were offender did not vary according to whether the victim. Of these, 21 offenders were sentenced for manslaughter victim. Of these, 21 offenders murder did not vary according to whether the offender and victim were intimate offender did not vary according to whether the primary manslaughter murder Where there was a history of domestic violence on the part of either the victim or the offender, part of either the victim or the offender, history of domestic violence on the Where there was a 7 of an intimate partner was term imposed for the manslaughter the average imprisonment years and 6 months. the part of either the victim or the no history of domestic violence on Where there was imposed for the manslaughter of an intimate the average imprisonment term offender, partner was 6 years and 7 months. 21 were sentenced to imprisonment (three of these offenders were sentenced to life 21 were sentenced to imprisonment (three of these offenders imprisonment) and one was sentenced to a hospital security order. 21 were men (96 per cent). Non-custodial sentences (including wholly suspended sentences and adjourned Non-custodial sentences (including with no prior criminal history. offenders undertakings) were imposed on older were less likely to be sentenced to imprisonment where there was a history of Offenders or the victim initiated the domestic violence on the part of either the victim or the offender use of violence against their intimate partner. Strangers Summary

• • • • • • uenced by the age of the offender, their prior criminal history, whether there was a history of prior criminal history, their uenced by the age of the offender, ﬂ

Offenders sentenced for the manslaughter of an intimate partner were less likely to be sentenced to likely to be sentenced partner were less of an intimate the manslaughter sentenced for Offenders cent of these offenders 80 per violence in the relationship: history of domestic if there was a imprisonment (four out of to imprisonment were sentenced of an intimate partner terms imposed for the manslaughter of the length of imprisonment comparison A a history of domestic violence in longer prison terms where there was received reveals that offenders the relationship: there was no history of domestic violence in the relationship (10 out of 11 offenders). The one offender The one offender offenders). out of 11 the relationship (10 violence in no history of domestic there was term was sentenced not receive a prison partner who did of an intimate for the manslaughter sentenced for homicide severe sentence type imposed with conviction – the least to an adjourned undertaking examined in this report. A total of 43 of the 243 offenders (18 per cent) sentenced for homicide were not known to their victim, that total of 43 of the 243 offenders A is, they were strangers with the Of the 22 offenders sentenced for the Of the 22 offenders (49 per cent) and 22 were sentenced for murder (51 per cent). All homicide offenders who killed a All homicide offenders (49 per cent) and 22 were sentenced for murder (51 per cent). order) regardless of whether stranger received a custodial sentence (imprisonment or hospital security Appendix). 22 in the Table of murder or manslaughter (see they were sentenced for the offence partners. However, the type of sentence imposed for the murder of an intimate partner was in the type of sentence imposed for the murder partners. However, Sentencing outcomes for Sentencing outcomes for by whether there was a history of domestic violence on the part of either the victim or the offender, domestic violence on the part of either the victim or the offender, by whether there was a history of of domestic being less likely to be sentenced to imprisonment where there was a history with offenders prison terms imposed for the murder of an intimate partner varied violence. In addition, the duration of history of domestic violence on the part of either the victim or the according to whether there was a but not by terms were longer where there was a history of domestic violence) (imprisonment offender at the time of the homicide. the offender whether the victim used violence against the manslaughter of an intimate partner the type of sentence imposed for intimate partners. However, was in by the victim: and the use of violence the victim or the offender domestic violence on the part of either of an intimate partner varied In addition, the duration of prison terms imposed for the manslaughter imprisonment term imposed according to whether there was a history of domestic violence: the average was longer where there was a history of domestic violence in the relationship. 5.2.6 5.3 36 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 36 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender 3 88 Murder 83 Years of a stranger: 2 3 Homicide in Victoria: Offenders, Victims and Sentencing 37 Victims Offenders, Homicide in Victoria: Manslaughter manslaughter 18 0 - 40 - 9 5 - 14 10 - 19 15 - 20 plus life term imposed Four were classed as ‘contract killers’ (18 per cent). killers’ classed as ‘contract Four were drugs (marijuana). involved illicit One incident sentenced for a gang related murder. were Two alcohol (23 per cent). Five had consumed drugs. One had consumed from a mental condition. Three suffered course of another crime (32 per cent). Seven killed in the 12 had a prior criminal history (55 per cent) and the most common type of prior criminal of prior criminal type common the most cent) and (55 per history criminal a prior 12 had (58 per cent). for ‘other’ offences record was a ‘serial killer’. was classed as One person to imprisonment. were sentenced All 21 offenders per cent). 20 were men (95 per cent) and the most common type of prior criminal 14 had a prior criminal history (67 (64 per cent). record was for ‘other’ offences of provocation and was sentenced to 8 years’ One man successfully raised the defence imprisonment. Five had consumed drugs (24 per cent). One incident involved illicit drugs (marijuana). cent). Eight had consumed alcohol (38 per a mental condition. from One suffered crime (38 per cent). Eight killed in the course of another 8 6 4 2 0 20 18 16 14 12 10

• • • • • • • • • • • • • • • • • • Number See Appendix Table 23 Appendix Table See

Figure 19: 19: Figure length of imprisonment by type of homicide and Homicide offenders who killed a stranger, Of the 21 offenders sentenced for the sentenced for Of the 21 offenders Figure 19 shows the distribution of the length of imprisonment terms imposed on offenders who killed a length of imprisonment terms imposed on offenders Figure 19 shows the distribution of the was sentenced for murder or manslaughter. stranger according to whether the offender a stranger ranged from from ranged a stranger 78% of a stranger ranged from 5 of a stranger ranged 60% murdering Murder manslaughter Proportion 40% Manslaughter did not vary substantially according to whether the victim and did not vary substantially according did not vary according to whether the victim and offender were were offender to whether the victim and did not vary according 11% 6% 6% murder manslaughter 0% 20% 40% 60% 80% 100% order All offenders sentenced for the murder of a stranger received a custodial sentence. sentenced All offenders for the murder of a stranger attracted slightly longer imprisonment sentenced Offenders generally. terms to those sentenced for murder of sentenced for the manslaughter of a stranger attracted a sentence All offenders imprisonment. than those imposed for manslaughter on average. Imprisonment terms were slightly longer homicide order Imprisonment sentence Family Summary

• • • • Community based with conviction Wholly suspended

Custodial supervision Custodial See Appendix Table 24 Appendix Table See Adjourned undertaking The length of imprisonment terms imposed on offenders guilty of guilty on offenders imposed terms imprisonment length of The Imprisonment terms imposed on offenders sentenced for the imposed on offenders Imprisonment terms 14 years to life imprisonment, with an average of 19 years and 11 months. The average length of The average months. and 11 of 19 years with an average to life imprisonment, 14 years imposed longer than that was slightly the murder of a stranger for to offenders handed down imprisonment for to life imprisonment were sentenced Three offenders and 1 month). generally (19 years for murder for parole. was not eligible per cent) and one of a stranger (14 the murder average length of imprisonment the As with murder, average of 7 years and 5 months. to 14 years, with an manslaughter longer than that imposed for the manslaughter of a stranger is slightly term imposed for months). and 11 generally (6 years Figure 20: 20: Figure type and type of by sentence Sentence types imposed for the homicide of a family member, Thirty-three out of the 243 offenders sentenced for homicide were family members with their victim. sentenced for homicide were family members Thirty-three out of the 243 offenders (whether custodial or not), step parent-child, grandparent- Family relationships include parent-child 15 (45 per cent) were sentenced for murder Of these, other family. grandchild, sibling, step sibling and 20 shows the types of sentences imposed Figure for manslaughter. and 18 (55 per cent) were sentenced a family member. for the murder and manslaughter of strangers: Sentencing outcomes for strangers: were offender Sentencing outcomes for Sentencing outcomes 5.3.1 5.4 38 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 38 Homicide in Victoria: 5. Relationship between victim and offender 5. Relationship between victim and offender ecting treatment for that treatment for ecting ﬂ ndings of the analysis above, where ndings of the analysis ﬁ of a family member, 14 were sentenced to of a family member, Homicide in Victoria: Offenders, Victims and Sentencing 39 Victims Offenders, Homicide in Victoria: of a family member, nine were sentenced to imprisonment to imprisonment sentenced were nine family member, of a manslaughter murder Two received a wholly suspended sentence; one 53 year old man successfully raised the received a wholly suspended sentence; one 53 year old Two his daughter who had consumed drugs and had used defence of provocation after killing violence against her mother (the offender’s wife); the other involved a victim and offender who had both consumed alcohol. was sentenced to a community based order from depression 30 year old woman suffering A her newborn child. for the manslaughter (infanticide) of an adjourned undertaking with 14 year old girl killed her step father and was sentenced to A domestic violence and had initiated the use of The step father had a history of conviction. during the incident. violence against the girl and her friend avoided prison; three successfully raised the defence of provocation and one of these from a mental condition and one of these avoided prison (sentenced to a three suffered community based order); and of imprisonment. three had a prior criminal history and all three were sentenced to a term Six offenders sentenced for the murder of a family member suffered from a mental condition from a mental of a family member suffered sentenced for the murder Six offenders order (100 per were sentenced to a custodial supervision all six offenders (40 per cent) and cent). • • • • • • • Of the 15 offenders sentenced for the for the sentenced 15 offenders Of the order (40 per cent). supervision sentenced to a custodial and six were (60 per cent) condition from a mental more likely to suffer member were the murder of a family sentenced for Offenders order re a custodial supervision to be sentenced to also more likely and were imprisonment terms for the murder of a family member were slightly shorter than for murder generally. imprisonment terms for the murder receive a prison sentenced for the manslaughter of a family member who did not Of the four offenders term: manslaughter of sentenced for the for two of the offenders There was a history of domestic violence with conviction, and the other to 6 One was sentenced to an adjourned undertaking a family member. imprisonment. years’ sentenced for the manslaughter of a family member: Of the 18 offenders imprisonment (78 per cent). The length of imprisonment terms ranged from 5 to 10 years, with an The length of imprisonment terms ranged from 5 to imprisonment (78 per cent). longer than the average imprisonment term for manslaughter average of 7 years and 1 month – slightly This is in contrast to the months). generally (6 years and 11 condition: length of the of a family member, to imprisonment for the murder sentenced Of the nine offenders years and 8 with an average of 17 ranged from 13 years to life imprisonment, imprisonment terms 1 month). for murder generally (19 years and than the average imprisonment term months – shorter violence. member had a history of domestic sentenced for the murder of a family 15 offenders of the Two imprisonment. to 19 years’ to life imprisonment and the other One was sentenced sentenced for the Of the 18 offenders did not vary according did not vary according manslaughter did not vary according to whether the victim and offender and offender whether the victim according to did not vary murder Summary

to whether the victim and offender were family members. However, the type of sentence imposed for the type of sentence imposed were family members. However, and offender to whether the victim and the to the mental condition of the offender of a family member did vary according the manslaughter for manslaughter varied according duration of prison terms imposed The the victim. use of violence by imprisonment terms being longer were family members, with average and offender to whether the victim for manslaughter generally. than those imposed As was the case with murder, the type of sentence imposed for the type of sentence murder, As was the case with were family members. However, the type of sentence imposed for the murder of a family member the murder of a imposed for type of sentence the members. However, were family offenders per cent) of all almost half (40 of the offender: mental condition according to the did vary offenders and all of these a mental condition from suffered a family member for the murder of sentenced The duration of prison terms imposed condition. an order providing treatment for their were sentenced to family members, with average were offender according to whether the victim and for murder varied for murder generally. being shorter than those imposed imprisonment terms The type of sentence imposed for of sentence imposed The type 5.4.1 40 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 40 Homicide in Victoria: 5. Relationship between victim and offender 6. Provocation manslaughter

86 85 (Vic) (‘the 2005 Act’) came into force (‘the 2005 (Vic) The VLRC’s recommendation that provocation be recommendation The VLRC’s 87 Homicide in Victoria: Offenders, Victims and Sentencing 41 Victims Offenders, Homicide in Victoria: Crimes (Homicide) Act 2005 Crimes (Homicide) (‘the VLRC Homicide report’). The VLRC Homicide report made 56 The VLRC Homicide (‘the VLRC Homicide report’). le The ﬁ 84 there was evidence of provocative conduct by the deceased; there was evidence result of that provocation; and the defendant lost self-control as a capable of causing an ordinary person to lose self- the provocation was such that it was serious bodily harm or death. control and form an intention to cause Homicide pro Legislative changes Legislative Provocation manslaughter Provocation • • • 6.1 The 2005 Act implemented recommendations from the Victorian Law Reform Commission (VLRC) report, Law Reform recommendations from the Victorian Act implemented The 2005 Defences to Homicide, Final Report recommendations, including that the partial defence of provocation be abolished and that the relevant recommendations, including that the process. including provocation, be taken into account in the sentencing circumstances of an offence, The VLRC recommended that the Sentencing Advisory Council monitor sentencing trends in cases Advisory Council monitor that the Sentencing The VLRC recommended examines sentencing This section provocation from the deceased. acted under where the offender successfully or unsuccessfully). provocation as a defence (either who raised outcomes for offenders provocation as a partial introduced legislation abolishing Attorney-General the On 5 October 2005, in Victoria. defence to murder Of the 243 offenders sentenced for homicide examined in this report, 10 (4 per cent) successfully raised sentenced for homicide examined in this report, 10 (4 per cent) successfully Of the 243 offenders and all were men (see the defence of provocation to reduce the charge from murder to manslaughter 21 shows the type of relationship between the victim and the offender Appendix). Figure 25 in the Table The most common relationship patterns in provocation where provocation was successfully raised. followed by separated spouses manslaughters involved custodial parents and children (30 per cent), (20 per cent) and spouses (20 per cent). abolished as a partial defence was motivated by concerns about the inequitable operation of the doctrine abolished as a partial defence was motivated as a partial defence to murder. on 23 November 2005. Prior to the 2005 Act the partial defence of provocation had operated to reduce the partial defence of provocation Act Prior to the 2005 on 23 November 2005. established: if the following criteria were murder to manslaughter where the for murder in circumstances ‘[i]n sentencing an offender Recommendation 50 provides that convicted of manslaughter on the grounds of provocation, judges accused might previously have been options’. Recommendation 51 provides that ‘[w]hen an should consider the full range of sentencing the principles which should apply Appeal should consider indicating appropriate case arises, the Court of how these should who has been subjected to abuse by the deceased and in sentencing an offender the offender’.be taken into account in sentencing 6. 6.2 provocation Proportion who successfully raised 30% provocation 20% 20% Offenders sentenced Offenders who successfully raised Proportion 10% 10% 10% Total offenders offenders Total sentenced for homicide 0% 5% 10% 15% 20% 25% 30% 35% Spouse Stranger whether provocation was successfully raised Acquaintance Sentencing outcomes

and primary victim Other relationship Separated spouse

See Appendix Table 26 Appendix Table See Custodial parent/child Relationship between offender Relationship between offender

Gang memberFriend/acquaintanceStrangerOther relationshipIntimatesFamilyTotal 94 2 13 43 51 1 33 0 236 1 1 4 1% 3 10 0% 8% 2% 8% 9% 4% Figure 22 shows the distribution of homicide offenders according to the sentence imposed and whether Figure 22 shows the distribution of homicide offenders who successfully raised the defence As Figure 22 shows, offenders provocation was successfully raised. who were found to have acted under of provocation did not necessarily avoid a prison term. Offenders (90 per cent or nine offenders) provocation attracted two types of sentencing outcomes: imprisonment offender). and wholly suspended sentences of imprisonment (10 per cent or one Table 5: 5: Table Offenders sentenced for homicide according to their relationship with the primary victim and Table 5 shows offenders sentenced for homicide according to their relationship to the primary victim and sentenced for homicide according to their relationship to the primary 5 shows offenders Table successfully cent of homicide offenders Although 4 per raised. whether provocation was successfully the defence is more likely to be raised and accepted where the raised the defence of provocation, who killed a In fact, almost one in ten offenders a family member or intimate partner. killed offender this defence thereby reducing a charge of murder to manslaughter. family member successfully raised As noted above, a domestic relationship (including spouse and parent/child) was the most common type As noted above, a domestic relationship who successfully raised the defence for the 10 offenders offenders of relationship between victims and of provocation. Figure 21: Figure the victim relationship to provocation, by their raised offenders who successfully Homicide 6.3 42 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 42 Homicide in Victoria: 6. Provocation manslaughter 6. Provocation manslaughter 91% 90% Provocation successfully raised Proportion 10% Homicide in Victoria: Offenders, Victims and Sentencing 43 Victims Offenders, Homicide in Victoria: 5% 1% 1% <1% <1% <1% 0% 20% 40% 60% 80% 100% Provocation not successfully raised Imprisonment Youthtraining centre Hospital security order Community based order Custodial supervision order An 83 year old man stabbed his wife during a domestic argument that arose as part of a An 83 year old man stabbed his wife imprisonment long-term, turbulent emotional relationship. He was sentenced to 6 years’ with a non-parole period of 2 years and 8 months. 27 year old man killed his father with a knife following a long history of physical and verbal A non-parole period imprisonment with a He was sentenced to 6 years’ abuse by the father. of 3 years. 55 year old man killed his wife with a stick after she attacked him with a knife during an A As nearly 18 years passed before the circumstances of the incident were argument in 1981. imprisonment with a non-parole period of 4 revealed, he was sentenced in 2002 to 7 years’ years and 6 months. in which the victim An 18 year old stabbed a 19 year old acquaintance after an argument imprisonment was sentenced to 8 years’ The offender with a knife. threatened the offender with a non-parole period of 5 years. 34 year old man bludgeoned his wife with a hammer when she was trying to end their A imprisonment with a non- marriage to be with another man. He was sentenced to 8 years’ parole period of 6 years. 43 year old man battered his father to death after an argument and following a long history A of being treated badly due to the father’s abuse of alcohol. He was sentenced to 8 years’ imprisonment with a non-parole period of 6 years. with 47 year old man stabbed a stranger after discovering that he was having an affair A imprisonment with a non-parole was sentenced to 8 years’ The offender the offender’s wife. period of 6 years. Wholly suspended sentence • • • • • • • See Appendix Table 28 Appendix Table See Adjourned undertaking with conviction The single wholly suspended sentence imposed for provocation manslaughter was handed down to a The single wholly suspended sentence no history There was aged 26 years. aged 53 years for the manslaughter of his daughter, male offender not used violence had no prior criminal history and the victim had of domestic violence, the offender The daughter had used but was violent towards her mother (the offender’s wife). against the offender was sentenced to a 3 The offender had not consumed any drugs or alcohol. marijuana, but the offender year term of imprisonment, wholly suspended. to imprisonment, who successfully raised provocation and were sentenced Of the nine offenders This months. length of 7 years and 11 years, with an average to 11 imprisonment terms ranged from 6 length of imprisonment term for manslaughter generally (6 years is 14 per cent higher than the average months): and 11 Figure 22: Figure raised was successfully by whether provocation outcome, offenders by sentencing Homicide A 38 year old man strangled a prostitute with whom he had hoped to develop a long-term a long-term to develop had hoped he with whom prostitute a man strangled year old 38 A personal his sexual and comments about in which she made after an argument relationship, period of 7 with a non-parole imprisonment to 9 years’ He was sentenced characteristics. years. with whom he hoped estranged wife then strangled his bludgeoned and 43 year old man A with a non- imprisonment years’ to 11 He was sentenced a relationship. to re-establish years. parole period of 8 Summary

• •

In summary, the type of sentence imposed for manslaughter did not vary according to whether the offender to whether the offender for manslaughter did not vary according the type of sentence imposed In summary, terms handed down did the duration of prison the defence of provocation. However, successfully raised imprisonment raised: the average length of whether provocation was successfully vary according to generally. than that imposed for manslaughter provocation manslaughter was longer term imposed for 6.4 44 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 44 Homicide in Victoria: 6. Provocation manslaughter 7. Offenders suffering from a mental condition 88 90% 90 (Vic), a person found (Vic),

89 cation of the offender as suffering as suffering cation of the offender fi ed in police offence reports fi Proportion tness to be Tried) Act 1997 tness to be Tried) fi cial medical diagnosis. The categories used in this The categories cial medical diagnosis. fi Homicide in Victoria: Offenders, Victims and Sentencing 45 Victims Offenders, Homicide in Victoria: 7% 2% 2% cation being ‘mental illness’ (7 per cent). cation being ‘mental illness’ fi 0% 20% 40% 60% 80% 100% cation in recommendation 53 is that the Sentencing Advisory Council monitor Council monitor Advisory is that the Sentencing 53 cation in recommendation fi cations. fi Crimes (Mental Impairment and Un Crimes (Mental Impairment Depression nal speci Mental illness fi Offenders suffering from a mental condition from a suffering Offenders Intellectual disability Intellectual See Appendix Table 29 Appendix Table See Not applicable/unknown

Figure 23: homicide offenders, as identi Mental condition of sentencing trends in cases where the offender was suffering from a mental condition at the time of the condition at the from a mental was suffering where the offender trends in cases sentencing offenders. outcomes for these of sentencing presents analyses The following section killing. sentencing that imprisonment is an inappropriate has been a growing recognition In recent years there that may be require treatment condition because these offenders with a mental option for offenders of specialised sentencing options has introduced a range environment. Victoria unavailable in a prison aim to treat the offender’sThese orders condition while from a mental condition. suffering for offenders from a mental condition suffering imposed on offenders It follows that the sentence types in custody. on other offenders. to those imposed would be different Under s 23 of the The VLRC’s The VLRC’s not guilty by reason of mental impairment can be either released unconditionally or be placed under released unconditionally or be of mental impairment can be either not guilty by reason to supervision order commits the person custodial A of a custodial supervision order. supervision by way No person sentenced for homicide examined treatment facility. custody in either a prison or appropriate under this act. in this report was released unconditionally and the identi of the offender Information regarding the mental status before or at the time of the incident is contained in police offence from a mental disorder immediately on an of reports, which may or may not be based police data source and therefore do not represent distinct clinical analysis are those found in the original and diagnostic classi Figure 23 shows the distribution of homicide offenders according to their mental condition. The condition. according to their mental of homicide offenders Figure 23 shows the distribution a mental condition (90 per cent or 219 from did not suffer offenders overwhelming majority of homicide a mental condition (10 per cent), from did suffer offenders 24 of the 243 homicide However, offenders). with the most common classi 7. ed as ﬁ 98% ed as suffering from a mental ed as suffering ﬁ 50% 45% , four were classi Offender did not a mentalOffender from suffer condition , 20 suffered from a mental condition (15 per cent). Figure 24 from a mental condition , 20 suffered manslaughter murder 2% 5% 0% 20% 40% 60% 80% 100% order Imprisonment The average imprisonment term imposed was 22 years and 6 months; compared to The average imprisonment term imposed was 22 years and 6 months; from a mental who did not suffer months for offenders an average of 18 years and 11 condition. who to life imprisonment, compared to 8 per cent of offenders per cent were sentenced 11 from a mental condition. did not suffer type of sentence imposed Sentencing outcomes Sentencing Offender suffered from a mental from suffered Offender condition

• • Custodial supervision Hospital security order security Hospital

See Appendix Table 30 Appendix Table See

condition (4 per cent). Figure 25 shows the distribution of sentence types imposed for manslaughter condition (4 per cent). Figure 25 shows the distribution of sentence types according to the mental condition of the offender. Imprisonment terms imposed for murder were longer on average where the offender was classi the offender Imprisonment terms imposed for murder were longer on average where condition and sentenced from a mental suffering from a mental condition. Of the nine offenders suffering to imprisonment for murder: sentenced for Of the 106 offenders Figure 24: from a mental condition and by whether the offender suffered for murder, Offenders sentenced Of the 137 offenders sentenced for sentenced Of the 137 offenders Of the 24 offenders sentenced for homicide and suffering from a mental condition, 20 were sentenced condition, 20 were from a mental and suffering for homicide sentenced offenders Of the 24 we compare sentencing In this section, (17 per cent). four for manslaughter (83 per cent) and for murder for which type of homicide according to the a mental condition from suffering for offenders outcomes they were sentenced. of the offender. according to the mental health of sentencing outcomes for murder shows the distribution more than half did not and sentenced for murder, from a mental condition suffering Of the 20 offenders security custodial supervision order or a hospital but were sentenced to either a receive a prison term offenders). (55 per cent or 11 providing treatment for their condition order – both orders 7.1 46 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 46 Homicide in Victoria: 7. Offenders suffering from a mental condition 7. Offenders suffering from a mental condition 92% 75% ed as suffering from a mental condition were as suffering ed ﬁ ed as suffering from a mental condition were ed as suffering ﬁ Offender did not a mentalOffender from suffer condition Homicide in Victoria: Offenders, Victims and Sentencing 47 Victims Offenders, Homicide in Victoria: 25% 4% 3% 1% 0% 20% 40% 60% 80% 100% order Imprisonment 92 per cent of offenders who were not classi 92 per cent of offenders sentenced to a term of imprisonment. who were classi 75 per cent of offenders sentenced to a term of imprisonment. imposed sentence Offender suffered from a mental from suffered Offender condition • • Community based with conviction Wholly suspended Youth training centre See Appendix Table 31 Appendix Table See Adjourned undertaking

Offenders suffering from a mental condition were less likely to receive a prison term when sentenced for from a mental condition were less likely to receive suffering Offenders from a mental condition: did not suffer who compared to offenders manslaughter, No offenders suffering from a mental condition and sentenced for manslaughter attracted an order from a mental condition and sentenced suffering No offenders where 55 per cent to sentencing trends for murder, This contrasts requiring treatment for their condition. providing treatment. from a mental condition received an order suffering of offenders who were sentenced to imprisonment for from a mental condition suffering offenders However, imprisonment term imposed for manslaughter attracted longer prison terms on average: the average months, compared to from a mental condition was 7 years and 11 suffering manslaughter on offenders from a mental condition. not suffering 6 years and 6 months for offenders Figure 25: 25: Figure and type of sentence of offender by mental condition sentenced for manslaughter, Offenders varied according manslaughter varied according to the mental condition of the offender: condition of to the mental varied according murder More than half of all offenders sentenced for murder and suffering from a mental condition mental condition from a for murder and suffering sentenced half of all offenders More than for their providing treatment an order but instead received a prison term, did not receive condition. murder were sentenced to imprisonment for from a mental condition who suffering Offenders longer prison terms. on average attracted No offenders sentenced for manslaughter and suffering from a mental condition received an from a mental condition received and suffering sentenced for manslaughter No offenders for their condition. order providing treatment of were less likely to receive a sentence from a mental condition suffering Offenders a condition. than were those without such immediate imprisonment for manslaughter from a mental condition and sentenced to imprisonment suffering Offenders attracted longer prison terms on average. Summary

• • • • •

Sentencing outcomes for Sentencing of sentence imposed for both the type and the length As with murder, to the mental condition of the offender: to the mental condition 7.2 48 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 48 Homicide in Victoria: 7. Offenders suffering from a mental condition 8. Alcohol and drug use by the offender 58 23 162 243

24% 10% 67% 100% 91 51%

2 1 12 5% 1% 1% Proportion

42 140 182 17% 58% 75% Did offender consume drugs? Did offender Homicide in Victoria: Offenders, Victims and Sentencing 49 Victims Offenders, Homicide in Victoria: 17% 13% 13% 11 16 20 47 7% 8% 5% Yes No Unknown Total 19% 6% 0% 20% 40% 60% Other Heroin more than half had not consumed drugs or alcohol during the incident (140 offenders or 58 the incident (140 offenders not consumed drugs or alcohol during more than half had per cent); alcohol (24 per cent); 58 had consumed drugs (19 per cent); and 47 had consumed both drugs and alcohol (7 per cent). 16 had consumed uenced sentencing outcomes for murder and manslaughter. Unknown fl Marijuana Alcohol and drug use by the offender use by and drug Alcohol • • • • Did offender Did offender rescription drug See Appendix Table 32 Appendix Table See consume alcohol? Yes No Total Unknown In the following sections, we examine whether the consumption of drugs and/or alcohol during a homicide In the following sections, we examine whether the consumption of drugs incident in Figure 26: who had consumed drugs, by drug type Homicide offenders Figure 26 shows the distribution of drug types consumed by the 47 homicide offenders who had used drug types consumed by the 47 homicide offenders Figure 26 shows the distribution of drug type used with known drug types, the most common offenders drugs at the time of the incident. For by prescription drugs and heroin (both 13 per cent). was marijuana (17 per cent) followed Table 6: Table drug use offenders, by alcohol and/or Homicide Alcohol and drug use is one of the factors the court can take into account when sentencing an offender. sentencing an offender. account when court can take into of the factors the drug use is one Alcohol and they had consumed to whether for homicide according sentenced the number of offenders 6 shows Table and for homicide sentenced offenders Of the 243 the time of the incident. or both at alcohol, drugs examined in this report: 8. 90% 92% according to whether according to whether the offender to whether the offender according manslaughter Offender had not consumedOffender drugs murder Proportion ndings for murder, the type of sentence imposed ndings for murder, fi uence on the length of imprisonment terms imposed uence fl uenced by whether the offender had consumed drugs: offenders had consumed drugs: offenders whether the offender uenced by fl 9% Offender had consumedOffender drugs 8% 1% 0% 20% 40% 60% 80% 100% order Imprisonment The average length of imprisonment term imposed for murder where the offender had term imposed for murder where the offender The average length of imprisonment for those who had consumed drugs was 19 years, compared to 19 years and 2 months used drugs. sentenced for murder who had consumed drugs attracted a sentence 4 per cent of offenders drugs. of life imprisonment, compared to 9 per cent of those who had not used the incident Sentencing offenders who had consumed drugs who had consumed offenders Sentencing

• • Custodial supervision

See Appendix Table 33 Appendix Table See Hospital security order security Hospital

for murder: Figure 28 shows the distribution of sentence types imposed for had consumed drugs. In contrast to the the offender for manslaughter appears to be in to be sentenced to a term of sentenced for manslaughter who had consumed drugs were more likely to receive community based immediate imprisonment, while those who had not were the only offenders orders or adjourned undertakings with conviction. The use of drugs by the offender also had little in The use of drugs by the offender had consumed drugs. As Figure 27 shows, whether an offender had consumed drugs at the time of the drugs at the time had consumed an offender 27 shows, whether As Figure drugs. had consumed for murder. sentencing outcomes little impact on incident had Figure 27: drugs at the time of whether the offender had consumed by Sentencing outcomes for murder, Figure 27 shows the distribution of sentence types imposed for of sentence types shows the distribution Figure 27 8.1 50 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 50 Homicide in Victoria: 8. Alcohol and drug use by the offender 8. Alcohol and drug use by the offender

90% 95% , however, the type of sentence imposed , however, Offender had not consumedOffender drugs Proportion uence the length of imprisonment terms imposed uence the length of imprisonment terms imposed ﬂ did not vary according to whether the offender had the offender did not vary according to whether manslaughter Homicide in Victoria: Offenders, Victims and Sentencing 51 Victims Offenders, Homicide in Victoria: murder 4% 4% Offender had consumed had Offender drugs 1% 1% 5% 0% 20% 40% 80% 100% order Imprisonment The average imprisonment term imposed for manslaughter where the offender had not had for manslaughter where the offender The average imprisonment term imposed consumed drugs was 6 years and 10 months. consumed drugs was 6 years and 10 had imposed for manslaughter where the offender The average imprisonment term months consumed drugs was 7 years and 2 the time of the incident the time of sentence Summary • • Community based with conviction with Wholly suspended Youthtraining centre See Appendix Table 33 Appendix Table See Adjourned undertaking

consumed drugs at the time of the incident. For In summary, sentencing outcomes for In summary, had consumed drugs at the time of the incident, with a greater did vary according to whether the offender The duration of prison likelihood of receiving a sentence of imprisonment if drugs had been consumed. had consumed drugs offender terms imposed for manslaughter also varied according to whether the were longer where the at the time of the incident: on average, prison terms imposed for manslaughter had consumed drugs at the time of the incident. offender The use of drugs by the offender also appears to in The use of drugs by the offender for manslaughter: Figure 28: 28: Figure drugs at had consumed whether the offender by for manslaughter, types imposed Sentence 8.1.1 89% , according to 92% , according to whether , according manslaughter murder Offender had not had consumedOffender alcohol Proportion 11% 4% 4% 0% 20% 40% 60% 80% 100% Offender had consumedOffender alcohol order Imprisonment The average imprisonment sentence imposed for murder where the offender had consumed had consumed imposed for murder where the offender The average imprisonment sentence who compared to 19 years and 2 months for offenders alcohol was 18 years and 3 months; had not consumed alcohol. who had consumed alcohol and were sentenced to imprisonment 4 per cent of offenders who had not attracted a life sentence of imprisonment, compared to 8 per cent of offenders consumed alcohol. time of the incident Sentencing offenders who had consumed alcohol who had consumed offenders Sentencing

• • Custodial supervision Hospital security order

See Appendix Table 34 Appendix Table See

whether the offender had consumed alcohol at the time of the killing. As Figure 30 shows, the types of had consumed alcohol at the time of the killing. whether the offender had consumed alcohol. sentencing outcomes were similar regardless of whether the offender Offenders who had consumed alcohol and were sentenced to imprisonment for murder attracted slightly had consumed alcohol and were sentenced to imprisonment for murder who Offenders shorter imprisonment terms: Figure 30 shows the distribution of sentence types handed down for Figure 30 shows the distribution of sentence types handed down for Figure 29: 29: Figure the offender had consumed alcohol at by whether the types imposed for murder, Sentence Figure 29 shows the distribution of sentence types handed down for types handed of sentence shows the distribution Figure 29 the offender had consumed alcohol at the time of the killing. As Figure 29 shows, offenders who had who offenders 29 shows, As Figure time of the killing. alcohol at the had consumed the offender for murder. of imprisonment to attract a sentence slightly more likely alcohol were only consumed 8.2 52 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 52 Homicide in Victoria: 8. Alcohol and drug use by the offender 8. Alcohol and drug use by the offender murder 91% did not vary 91% Offender had not consumedOffender alcohol murder and manslaughter Proportion Homicide in Victoria: Offenders, Victims and Sentencing 53 Victims Offenders, Homicide in Victoria: 4% 3% 3% Offender had consumedOffender alcohol 1% 6% 0% 20% 40% 60% 80% 100% , on average, imprisonment terms imposed on offenders who had consumed alcohol , on average, imprisonment terms imposed on offenders order Imprisonment The average imprisonment term imposed for manslaughter where the offender had not had for manslaughter where the offender The average imprisonment term imposed consumed alcohol was 7 years. had imposed for manslaughter where the offender The average imprisonment term 5 months. consumed alcohol was 6 years and the time of the incident the time of sentence Summary uence on the duration of imprisonment terms imposed for manslaughter, with offenders who with offenders duration of imprisonment terms imposed for manslaughter, uence on the • • ﬂ Community based with conviction with Wholly suspended Youthtraining centre See Appendix Table 34 Appendix Table See Adjourned undertaking

In summary, the types of sentencing outcomes for both the types of sentencing outcomes for both In summary, As with offenders sentenced for murder, the use of alcohol during the homicide incident appears to have sentenced for murder, As with offenders some in shorter imprisonment terms: had consumed alcohol attracting slightly according to whether the offender had consumed alcohol at the time of the incident. For both according to whether the offender and manslaughter were slightly shorter than the average. Figure 30: 30: Figure alcohol at had consumed whether the offender by for manslaughter, types imposed Sentence 8.2.1 uence ﬂ who had consumed drugs and who had consumed who had consumed drugs and alcohol, the who had consumed manslaughter murder Summary Sentencing offenders who had consumed drugs and drugs and consumed who had offenders Sentencing alcohol

In summary, sentencing outcomes for homicide varied according to whether the offender had consumed to whether the offender sentencing outcomes for homicide varied according In summary, sentences. receiving custodial the incident, with all such offenders both drugs and alcohol at the time of greater in had consumed drugs and alcohol appeared to have a Whether a homicide offender Of the nine offenders sentenced to imprisonment for sentenced Of the nine offenders length of imprisonment terms ranged from 13 years to life with an average of 17 years and 7 months to life with an average of 17 years terms ranged from 13 years length of imprisonment were All six offenders 19 years and 1 month). that imposed for murder generally, (slightly shorter than eligible for parole. 6 years and 4 5 to 9 years with an average of of imprisonment terms ranged from alcohol, the length The average imprisonment term for manslaughter for parole. were eligible All nine offenders months. that imposed for had consumed drugs and alcohol was slightly shorter than where the offender months). 11 manslaughter generally (6 years and than on the type of sentence handed down for homicide, with on the duration of prison terms imposed imposed on those who had consumed both drugs and alcohol at the slightly shorter imprisonment terms time of the homicide. Of the six offenders sentenced to imprisonment for sentenced to Of the six offenders A total of 16 homicide offenders had consumed both drugs and alcohol at the time of the incident (7 of the incident (7 at the time both drugs and alcohol had consumed offenders total of 16 homicide A per cent) and nine (56 for murder per cent) were sentenced (44 offenders Of these, seven per cent). condition and sentenced from a mental suffering offender With the exception of one for manslaughter. to drugs and alcohol were sentenced who had consumed all offenders order, to a custodial supervision of murder or manslaughter. of whether they were guilty imprisonment regardless 8.3.1 8.3 54 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 54 Homicide in Victoria: 8. Alcohol and drug use by the offender 9. Weapons 46% 36% Murder 28% Proportion according to whether a weapon was used 18% 17% Manslaughter murder 15% 11% Homicide in Victoria: Offenders, Victims and Sentencing 55 Victims Offenders, Homicide in Victoria: A knife or other sharp instrument was the most common knife or other sharp instrument A 92 8% 8% 4% 3% 2% 4% 2% 0% 10% 20% 30% 40% 50% Fire Other Firearm Unknown Hands, feet Blunt instrument Of the 137 offenders sentenced for murder, 133 used a weapon (97 per cent). 133 used a weapon for murder, sentenced Of the 137 offenders a weapon (98 per cent). 104 used for manslaughter, sentenced Of the 106 offenders Sentencing outcomes Weapons • • See Appendix Table 35 Appendix Table See Knife/other sharp instrument

9.1 Figure 32 shows the type of sentence imposed for Figure 31: for homicide, by type of weapon and type of homicide Offenders sentenced and, where a weapon was used, the type of weapon. The use of a weapon can be an important factor that the court may take into account when sentencing when sentencing may take into account that the court an important factor of a weapon can be The use may cases, the court a weapon in homicide of the use of When taking account for homicide. an offender the killing. used to commit the type of weapon also consider during the incident – of the 243 used a weapon majority of homicide offenders The overwhelming of a weapon The likelihood cent) used a weapon to kill the victim(s). 237 (97 per homicide offenders, murder and manslaughter: homicide incident is almost equal for being used in the and manslaughter according to the sentenced for murder distribution of offenders Figure 31 shows the a weapon was used. type of weapon where type of weapon used to commit both murder (46 per cent) and manslaughter (36 per cent). The second The second and manslaughter (36 per cent). to commit both murder (46 per cent) type of weapon used a murder was a blunt instrument (18 per cent), whereas for most common weapon used to commit (28 per cent). manslaughter it was hands and feet 9. 100% 100% 100% 21 yrs, 5 mths 87% 88% 87% Imprisonment varied according to 20 yrs rearm (17 per cent). Figure murder fi 18 yrs, 9 mths Proportion Hands, feet Fire Firearm Custodial supervision order murder – all uence on the type of sentence imposed for fl sharp 18 yrs, 2 mths instrument Knife/other 13% 13% 11% rearm – 21 years and 5 months. fi 2% 0% 20% 40% 60% 80% 100% 18 yrs, 2 mths instrument Hospital security order security Hospital Fire Other Firearm Hands, feet Other Blunt 18 yrs Blunt instrument for offenders who used a blunt instrument – 18 years and 2 months; and who for offenders used a who for offenders 5 0

25 20 15 10

• • Length (years) Length

See Appendix Table 37 Appendix Table See See Appendix Table 36 Appendix Table See Knife/other sharp instrument

Figure 33: by type of weapon used imprisonment term for murder, length of Average Figure 32 shows that use of a weapon has no in Figure 32 shows that use of a weapon offenders sentenced for murder, regardless of whether they used a weapon, were sentenced to some regardless for murder, sentenced offenders form of custodial order. weapon used to commit a murder was a knife or some other sharp As noted above, the most common a blunt instrument (18 per cent) and a instrument (46 per cent), followed by sentence imposed for murder by the type of weapon 33 shows the average length of imprisonment for sentenced imprisonment term imposed on offenders The average used. type of weapon used: Figure 32: Figure used by type of weapon murder, types imposed for Sentence 56 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 56 Homicide in Victoria: 9. Weapons 9. Weapons 100% 100% 93% by the type 89% 88% 88% re (in the case of fi manslaughter rearm or fi offences was a knife or other or other was a knife offences Community based order Wholly suspended sentence uence the type of sentence imposed. uence the type of sentence imposed. fl Proportion manslaughter rearm and all were sentenced to immediate fi Homicide in Victoria: Offenders, Victims and Sentencing 57 Victims Offenders, Homicide in Victoria: rearms were used in 8 per cent of all manslaughter cases. cent of all manslaughter used in 8 per rearms were fi 13% 5% 6% 3% 3% 3% 0% 20% 40% 60% 80% 100% Fire Other Firearm Youth training centre Adjourned undertaking with conviction Imprisonment Hands, feet Blunt instrument for offenders who used a blunt instrument – 6 years; and for offenders who used hands and feet – 7 years and 6 months. for offenders • • See Appendix Table 38 Appendix Table See Knife/other sharp instrument

arson) were given a sentence that did not involve immediate imprisonment. for Figure 35 shows the average length of imprisonment sentence imposed of weapon used. The average imprisonment term imposed on offenders sentenced for manslaughter The average imprisonment term imposed on offenders of weapon used. varied according to type of weapon used: imprisonment. Only those offenders who used a weapon other than a imprisonment. Only those offenders For example, eight manslaughter offenders used a offenders For example, eight manslaughter Figure 34 shows that the type of weapon used appears to in Figure 34 shows that the type of weapon Figure 34: by type of weapon used Sentence types imposed for manslaughter, sharp instrument (36 per cent) as was the case with murder. This was followed by hands and feet (28 per and feet (28 per followed by hands This was with murder. as was the case (36 per cent) sharp instrument (15 per cent); blunt instruments cent) and of to the type manslaughter according types imposed for of sentence shows the distribution Figure 34 weapon used. As Figure 31 shows, the most common weapon used in weapon common most shows, the 31 As Figure 7 yrs, 6 mths Other Hands, feet 7 yrs, 6 mths 7 yrs sharp instrument did not vary according to the weapon used by did not vary according to the weapon did vary according to the type of weapon used by the did vary according to the type of weapon murder 6 yrs, 6 6 mths rearms attracting the longest imprisonment terms (21 years ﬁ manslaughter Fire Firearm Knife/other 6 yrs, 3 mths Blunt 6 yrs instrument Summary

8 7 6 5 4 3 2 1 0 Length (years) Length

See Appendix Table 39 Appendix Table See

The type of sentence imposed for the offender. However the duration of prison terms imposed for murder did vary according to the type However the duration of prison the offender. who used of weapon used, with offenders for murder generally (19 years and 1 month). and 5 months) – longer than the average terms imposed for manslaughter also varied according to the In addition, the duration of prison offender. prison terms who used a blunt instrument attracting the shortest type of weapon used, with offenders the longest (7 years and 6 months) – longer than the average and those using hands and feet attracting months). for manslaughter generally (6 years and 11 In summary, the type of sentence imposed for In summary, Figure 35: Figure used by type of weapon term for manslaughter, length of imprisonment Average 9.2 58 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 58 Homicide in Victoria: 9. Weapons 10. Prior criminal history 42% 46% 39% 42% Murder Proportion 18% Manslaughter Homicide in Victoria: Offenders, Victims and Sentencing 59 Victims Offenders, Homicide in Victoria: 12% 0% 10% 20% 30% 40% 50% For manslaughter, the second most common type of prior criminal history was For manslaughter, 93 Unknown homicide Prior criminal history Prior Prior criminal history criminal Prior See Appendix Table 40 Appendix Table See No prior criminalNo history

Figure 37 shows the distribution of homicide offenders who had a prior criminal history according to the Figure 37 shows the distribution of homicide offenders did have a prior criminal history, type of prior criminal history and type of homicide. Where the offender sentenced for murder and manslaughter were most likely to have a prior criminal record offenders for ‘other’ offences. Figure 36: 36: Figure of a prior criminal history and type for homicide, by whether they had Offenders sentenced An offender’s when take into account the court can of the factors that history is one prior criminal with homicide offenders Arguably, to impose for homicide. of sentence the type and length determining – will against the person of offences with a prior history in particular those history – and a prior criminal outcomes. attract harsher sentencing and manslaughter who had a prior sentenced for murder the proportion of offenders Figure 36 shows record were more likely to have a prior criminal sentenced for manslaughter Offenders criminal history. per cent respectively). for murder (46 per cent and 42 than those sentenced property offences (9 per cent) and for murder was ‘other assault’ (8 per cent). (9 per cent) and for murder was ‘other assault’ property offences 10. 39% 42% Murder Proportion 24% 19% Manslaughter according to whether the offender had a prior criminal according to whether the offender murder 8% 9% 6% 8% 4% 2% 1% 1% 4% 2% 0% 10% 20% 30% 40% 50% Robbery Unknown Other assault Drug offences Drug Other offences Sexual assault 38 per cent of offenders sentenced for murder who had a prior criminal history and suffered sentenced for murder who had a prior criminal history and suffered 38 per cent of offenders order providing treatment for their condition (custodial from a mental condition received an supervision order); and sentenced for murder who did not have a prior criminal history and 63 per cent of offenders from a mental condition received an order providing treatment for their condition. suffered Property offences Sentencing outcomes

• •

See Appendix Table 41 Appendix Table See No prior criminal history criminal prior No

Figure 38 shows sentencing outcomes for Figure 38 shows sentencing outcomes history were more likely to attract a sentence of imprisonment with a prior criminal Offenders history. at least partly This is sentenced for murder who did not have a prior criminal history. than offenders from a mental condition were more with a prior criminal history who also suffered because offenders who suffered with no prior criminal record whereas offenders likely to be sentenced to imprisonment; likely to receive an order providing treatment: from a mental condition were more Figure 37: Figure type of homicide criminal history and by type of sentenced for homicide, Offenders 10.1 60 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 60 Homicide in Victoria: 10. Prior criminal history 10. Prior criminal history 95% 87% uence on the length of ﬂ No prior criminalNo history according to whether the offender had a according to whether the offender Proportion Homicide in Victoria: Offenders, Victims and Sentencing 61 Victims Offenders, Homicide in Victoria: manslaughter Prior criminal history criminal Prior 13% % 5 0% 20% 40% 60% 80% 100% the average imprisonment term imposed for murder where the offender had a prior criminal had a prior criminal for murder where the offender the average imprisonment term imposed compared to 19 years and 4 months for those without history was 19 years and 5 months, a prior criminal history; and for with a prior criminal history who were sentenced to imprisonment of the 51 offenders to 8 per cent of those 7 per cent (4 people) received a life sentence, compared murder, without a prior criminal history. order Imprisonment • • See Appendix Table 42 Appendix Table See Custodial supervision

imprisonment terms imposed for murder: Figure 39 shows sentencing outcomes for the with no prior criminal history were offenders As Figure 39 demonstrates, prior criminal history. sentenced for manslaughter who had a to avoid a custodial sentence; all offenders only offenders and detention in a youth prior criminal history attracted a custodial sentence (including imprisonment Adjourned undertakings, community based orders and wholly suspended sentences training centre). This is not to say that with no prior criminal history. of imprisonment were all imposed on offenders without a prior criminal history necessarily avoided imprisonment for manslaughter – 84 per offenders sentenced for manslaughter who did not have a prior criminal record were sentenced cent of offenders to a term of imprisonment. Of the 124 offenders sentenced to imprisonment for murder, 55 (44 per cent) had a prior criminal history. 55 (44 per cent) had a prior criminal history. sentenced to imprisonment for murder, Of the 124 offenders term of immediate with a prior criminal history were more likely to be sentenced to a While offenders history appears to have had little in imprisonment, the existence of a criminal Figure 38: Figure prior criminal history the offender had a by whether for murder, Sentencing outcomes or for uence ﬂ uence on ﬂ 98% murder and murder 84% No prior criminalNo history Proportion Prior criminal history 7% 7% 2% 2% 0% 20% 40% 60% 80% 100% according to whether the offender had a prior criminal history. For both For both had a prior criminal history. according to whether the offender had a prior the type of sentence varied according to whether the offender , however, order Imprisonment sentence Summary

Community based with conviction with Wholly suspended Youthtraining centre

See Appendix Table 42 Appendix Table See Adjourned undertaking

manslaughter manslaughter to receive a sentence of with a prior criminal history were more likely as offenders criminal history, imprisonment. The average length of imprisonment terms did not vary for offenders sentenced for The average length of imprisonment terms did not vary for offenders Of the 97 offenders sentenced to imprisonment for manslaughter, half (48 people) had a prior criminal sentenced to imprisonment for manslaughter, Of the 97 offenders to have had little in the existence of a prior criminal history appears As with murder, history. the length of imprisonment terms imposed for manslaughter: the average imprisonment term imposed the length of imprisonment terms imposed to 6 years and had a prior criminal history was 7 years, compared for manslaughter where the offender a criminal history did in But, as with murder, months for those with no prior criminal history. 11 history attracting sentenced for manslaughter who had a prior criminal sentence type, with all offenders youth training centre. either imprisonment or custody in a Figure 39: Figure criminal history offender had a prior by whether the outcomes for manslaughter, Sentencing 10.2 62 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 62 Homicide in Victoria: 10. Prior criminal history 11. Multiple victims and offenders and all were sentenced 23 yrs, 8 mths murder 28 yrs, 28 9 mths 94 Homicide in Victoria: Offenders, Victims and Sentencing 63 Victims Offenders, Homicide in Victoria: Number of victims of Number 123 19 yrs, 19 2 mths ve incidents) involved a single offender and multiple victims; and and multiple victims; involved a single offender ve incidents) ﬁ

5 0

35 30 25 20 15 10 Years 5 per cent of offenders sentenced for the murder of a single victim attracted life sentenced for the murder of a single victim attracted life 5 per cent of offenders imprisonment; and sentenced for the murder of multiple victims attracted life 27 per cent of offenders imprisonment. 83 per cent (172 incidents) involved a single victim and offender; involved a single victim and 83 per cent (172 incidents) and a single victim; involved multiple offenders 14 per cent (29 incidents) 2 per cent ( offenders. involved multiple victims and 1 per cent (two incidents) seven killed two victims; and four killed three victims. Sentencing outcomes for multiple victims outcomes for multiple Sentencing Multiple victims and offenders victims Multiple • • • • • • • • See Appendix Table 43 Appendix Table See 11.1 11.1 Offenders sentenced for homicide where there are multiple victims are more likely to attract a life Offenders sentence of imprisonment: Figure 40: victims by number of length of imprisonment term for murder, Average A total of 232 out of the 243 homicide offenders killed a single victim. Of the 11 offenders who killed more who killed offenders victim. Of the 11 killed a single 232 out of the 243 homicide offenders total of A incident: than one victim during the same homicide A single homicide incident may involve multiple victims and/or offenders. The 208 homicide incidents 208 homicide The and/or offenders. multiple victims incident may involve single homicide A involve a most commonly Homicides and 243 offenders. to 216 victims in this report relate examined and offender: single victim to a term of imprisonment. Length of imprisonment terms ranged from 16 years to life imprisonment. to a term of imprisonment. Length multiple victims were sentenced to life imprisonment and all were who killed offenders Three of the 11 term imposed for multiple murders As shown in Figure 40, the average imprisonment eligible for parole. – substantially sentenced to life imprisonment) was 26 years and 2 months (excluding three offenders The average term for murder generally (19 years and 1 month). longer than the average imprisonment years (including life imprisonment); again, this is much longer than non-parole period imposed was 23 generally (15 years and 4 months). the average non-parole period for murder All homicide offenders who killed multiple victims were found guilty of All homicide offenders 11. 11. 3% 7% Murder 9% 8% Number of offenders Manslaughter 14% who committed the homicide with at least one co-offender was at least one co-offender who committed the homicide with 16% murder 74% 12345 70% homicide varied according to the number of offenders involved in the incident (note that no person involved in the incident (note that no offenders varied according to the number of

Sentencing outcomes for multiple offenders for multiple outcomes Sentencing 20% 40% 60% 80%

Proportion

See Appendix Table 46 Appendix Table See

murder sentenced for murder committed the homicide with three co-accused). Overall, the average imprisonment sentenced for murder committed the months was involved in the incident was 20 years and 11 term imposed where more than one offender years and 1 month). – longer than the average imprisonment term for murder generally (19 sentenced to a term of imprisonment. Figure 42 shows how the length of the imprisonment term imposed sentenced to a term of imprisonment. for Every person sentenced for Figure 41: in the incident and type of homicide, by number of offenders involved Offenders sentenced for Of the 243 homicide offenders, 67 committed the homicide in conjunction with at least one other offender offender at least one other in conjunction with the homicide 67 committed homicide offenders, Of the 243 murder and manslaughter sentenced for of offenders the proportion Figure 41 shows (28 per cent). in the incident. involved offenders to the number of according 11.2 11.2 64 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 64 Homicide in Victoria: 11. Multiple victims and offenders 11. Multiple victims and offenders 100% 23 yrs, 8 mths 91% 88% according to the number 4 3 manslaughter 2 Proportion 21 yrs, 21 4 mths 1 Number of offenders of Number Homicide in Victoria: Offenders, Victims and Sentencing 65 Victims Offenders, Homicide in Victoria: 1 mth 20 yrs, 12% 5% 1% 1% 1% 0% 20% 40% 60% 80% 100% 12345 18 yrs, 3 mths order Imprisonment incident the homicide incident the homicide sentence 5 0

25 20 15 10 Years Community based with conviction with Wholly suspended Wholly Youth training centre See Appendix Table 46 Appendix Table See See Appendix Table 44 Appendix Table See Adjourned undertaking

of offenders involved in the incident. All offenders sentenced for manslaughter where the incident All offenders in the incident. involved of offenders attracted a sentence of imprisonment. involved at least three co-offenders Figure 43: 43: Figure by number of offenders involved in the homicide imposed for manslaughter, Sentence types Figure 43 shows the distribution of sentence types imposed for Figure 43 shows the distribution of sentence Figure Figure 42: involved in number of offenders by imposed for murder, imprisonment term length of Average involved in involved in 4 yrs, 8 mths varied according to according varied offenders offenders and victims manslaughter 6 yrs, 7 mths varied according to the number of Number of offenders

6 yrs, also 9 mths varied according to the number of manslaughter murder 1234 7 yrs, 7 3 mths All offenders who acted with more than one other offender were sentenced to who acted with more than one other offender All offenders imprisonment. of offenders The length of the imprisonment term imposed decreased as the number involved in the incident increased. All offenders who killed multiple victims were sentenced to imprisonment. All offenders who killed more than one victim were sentenced to longer terms of imprisonment Offenders than were those who killed a single victim. were sentenced to imprisonment. who acted with other offenders All offenders involved in the incident increased so did the length of the As the number of offenders imprisonment term imposed by the courts. involved in the homicide incident involved in the homicide Summary

0 2 4 6 8 • • • • • • Years

See Appendix Table 44 Appendix Table See

the number of offenders involved in the incident. However, the effect of number of offenders is opposite is offenders of number of the effect However, involved in the incident. of offenders the number who offenders on those of imprisonment imposed average terms with lower for murder, to that found co-offenders. with more were sentenced Figure 44 shows how the average imprisonment term imposed for for term imposed imprisonment the average how 44 shows Figure the incident. greater variation in the sentence length than in the sentence type according to there was In summary, involved in the incident. the number of victims and offenders Sentencing outcomes for the incident. Sentencing outcomes for Figure 44: 44: by number of offenders Figure imposed for manslaughter, length of imprisonment term Average 11.3 11.3 66 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 66 Homicide in Victoria: 11. Multiple victims and offenders 12. Homicides occurring during the course of another crime 84% 85% Murder Proportion Manslaughter Homicide in Victoria: Offenders, Victims and Sentencing 67 Victims Offenders, Homicide in Victoria: 15% 15% 1% 0% 20% 40% 60% 80% 100% Unknown crime and type of homicide Homicides occurring during the course of another crime of another the course during occurring Homicides another crime Killing not during Killing during course of See Appendix Table 47 Appendix Table See course another of crime

Figure 46 shows the distribution of offenders sentenced for murder and manslaughter where the killing Figure 46 shows the distribution of offenders The crime that was committed. occurred during the course of another crime, according to the type of robbery (7 per cent) and for most common type of crime during which manslaughters occurred was murder was break and enter (4 per cent). Figure 45: the course of another by whether the killing occurred during Offenders sentenced for homicide, Whether a homicide incident occurs during the course of another crime is an important factor that the factor that crime is an important the course of another occurs during a homicide incident Whether the prevalence of we explore In this section, an offender. when sentencing take into account court can which a homicide types of crimes during another crime, the the course of that occurred during homicides outcomes. occur and the impact this had on sentencing was most likely to and manslaughter according to sentenced for murder the distribution of offenders Figure 45 shows sentenced another crime. Of the 243 offenders occurred during the course of whether the homicide Of these 36 of another crime (15 per cent). the homicide during the course for homicide, 36 committed (44 per cent). murder (56 per cent) and 16 for manslaughter 20 were sentenced for offenders, 12. uence of ﬂ 7% according to whether the Murder 4% 5% manslaughter Proportion 3% 3% Manslaughter 2% received a term of imprisonment (excluding some offenders some offenders received a term of imprisonment (excluding 2% murder 1% 1% 1% 1% 1% 0% 2% 4% 6% 8% Other Arson Robbery Prostitution 11 per cent of offenders sentenced for murder where the homicide occurred during the sentenced for murder where the homicide occurred per cent of offenders 11 course of another crime attracted life imprisonment; and sentenced for murder where the homicide did not occur during the 7 per cent of offenders course of another crime attracted life imprisonment. homicide Break & enter Sexual assault Sentencing outcomes

• •

See Appendix Table 48 Appendix Table See Kidnapping/Abduction

killing occurred during the course of another crime. The average imprisonment term imposed on offenders for murder where the offence occurred during for murder where the offence on offenders The average imprisonment term imposed years and 10 months, compared to 19 years and 1 month where the course of another crime was 18 sentenced for murder Although offenders the murder did not occur during the course of another crime. attracted shorter imprisonment where the homicide occurred during the commission of another crime was sentenced to life imprisonment: terms on average, a greater proportion of these offenders with a mental condition sentenced to a custodial supervision order), a comparison of sentencing outcomes with a mental condition sentenced to information. occurred during the course of another crime would not yield any further where the offence undertaken to identify the in a comparison of length of imprisonment terms has been Rather, crime on sentencing outcomes. killing during the course of another Figure 47 shows the distribution of sentence types imposed for As almost all offenders sentenced for As almost all offenders Figure 46: 46: Figure type of by crime type and of another crime, during the course offenders who killed Homicide 12.1 68 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 68 Homicide in Victoria: 12. Homicides occurring during the course of another crime 12. Homicides occurring during the course of another crime 100% 90% varied according to manslaughter Not during the course another of crime Proportion did not vary according to whether the incident murder Homicide in Victoria: Offenders, Victims and Sentencing 69 Victims Offenders, Homicide in Victoria: where the killing occurred during the course of another where the killing occurred during 4% 3% manslaughter 1% 1% 0% 20% 40% 60% 80% 100% During the course another of crime order Imprisonment A custodial sentence was imposed on all offenders who committed the killing during the custodial sentence was imposed on all offenders A course of another crime. during the course On average, imprisonment terms were shorter where the killing occurred of another crime. the average imprisonment term imposed for manslaughter where the offence occurred occurred for manslaughter where the offence the average imprisonment term imposed was 6 years and 6 months; and during the course of another crime occur did not for manslaughter where the offence the average imprisonment term imposed during the course of another crime was 7 years. occurred during the course of another crime during the course occurred sentence Summary • • • • Community based with conviction Wholly suspended Youth training centre See Appendix Table 49 Appendix Table See Adjourned undertaking

12.2 In summary, the type of sentence imposed for the type of In summary, occurred during the course of another crime. However, the duration of prison terms imposed for murder the duration of prison terms imposed for occurred during the course of another crime. However, another crime: a sentence of life did vary according to whether the incident occurred during the course of during the course of another imprisonment was more likely to be imposed where the murder occurred crime. Both sentencing outcomes and lengths of imprisonment terms for occurred during the course of another crime: whether the offence All offenders sentenced for sentenced All offenders Non-custodial options (adjourned undertakings, community crime received a sentence of imprisonment. did not commit who sentences) were only imposed on offenders based orders and wholly suspended crime. the homicide during the course of another occurred during the course of another sentenced for manslaughter where the offence Although offenders sentence of imprisonment, on average their terms of imprisonment crime were more likely to receive a were shorter: Figure 47: 47: Figure killing and whether the sentence imposed by type of manslaughter, sentenced for Offenders 70 Homicide in Victoria: Offenders, Victims and Sentencing 13. Other types of homicides 95 rearm registered and legally owned by the rearm registered and fi Homicide in Victoria: Offenders, Victims and Sentencing 71 Victims Offenders, Homicide in Victoria: ed by police as suffering from depression (33 per cent). ed by police as suffering fi rearm; only one offender used a rearm; only one offender fi All 10 offenders were sentenced to immediate imprisonment. were sentenced All 10 offenders life years and 8 months (excluding of imprisonment term was 22 The average length to an average of 19 years and 1 month for murder sentences of imprisonment), compared generally. to life imprisonment (two of the 10 offenders), 20 per cent of contract killers were sentenced 137 sentenced for murder generally (10 of the compared to 7 per cent of offenders offenders). (40 per cent); four were acquaintances with the victim per cent); four were strangers with the victim (40 spouse (10 per cent); and one was the victim’s with the victim (10 per cent). one was in some other kind of relationship eight were male and two were female; per cent); four were gang related homicides (40 none had consumed alcohol or drugs at the time of the incident; and three were identi seven used a offender; two used a blunt instrument; and one used some other type of weapon. (two offenders); other offences sexual assault (one offender); other assault (one offender); and robbery (one offender); (one offender). drug offences Contract killing Contract Other types of homicides types of Other • • • • • • • • • • • • • • • • • • • 13.1 A total of 10 of the 243 offenders sentenced for homicide were involved in contract killings (4 per cent) were involved in contract killings (4 sentenced for homicide 10 of the 243 offenders total of A more for a contract related killing attracted sentenced Offenders for murder. and all were sentenced outcomes: severe sentencing The parole and non-parole periods ranged from 10 to 25 years. All contract killers were eligible for on contract killers was 18 years and 4 months, substantially longer average non-parole period imposed generally (15 sentenced to imprisonment for murder for offenders than the average non-parole period years and 4 months). to their victim: were generally known for ‘contract killings’ sentenced Offenders sentenced for contract related killings: Of the 10 offenders in contract related killings: were used by all 10 offenders Weapons and the types of prior criminal Six of the 10 contract killers had a prior criminal history (60 per cent) history were diverse, including: A contract killing is a murder in which the killer is hired by another person to kill for material reward, is hired by another person to killing is a murder in which the killer contract A killer or hit is sometimes known as a contract who carries out a contract killing person A usually money. customer can be found guilty of homicide. and his man. Both a ‘hit man’ 13. The female victim, The female 96 attracted imprisonment terms of 5 years attracted imprisonment terms of 5 , two were sentenced to life imprisonment , two were sentenced murder manslaughter ed as a serial crime at the time of NHMP data collection if the cases data collection if the cases at the time of NHMP ed as a serial crime fi ed by police as suffering from a mental condition; as suffering ed by police fi rearm(s) to commit the murder; rearm(s) fi two were acquaintances with the victim and two were strangers with the victim; with the victim and two were two were acquaintances none was identi all four used a incident; drugs or alcohol at the time of the none had consumed and for robbery and two for other offences); three had a prior criminal history (one all were contract related killings. from a mental condition; neither suffered alcohol; both had consumed marijuana and for ‘other offences’); both had a prior criminal history (both victim; and both were gang members as was the both used an ‘other’ weapon. Serial killing Gang related homicides Gang

• • • • • • • • • • •

who did not know her attacker, was 28 years old at the time of the killing. The offender committed the The offender was 28 years old at the time of the killing. who did not know her attacker, from apparently not suffering homicide during a sexual assault on the victim, during which time he was had consumed alcohol or drugs at the time of the a mental condition. Neither the victim nor the offender was classed as a ‘serial killer’,Although the offender he was not under bail, probation, parole incident. or a community order at the time of the offence. and the other two were sentenced to 18 and 20 years’ imprisonment. Of the four offenders sentenced Of the four offenders imprisonment. were sentenced to 18 and 20 years’ and the other two murder: for a gang related sentenced for gang related The two offenders months). the average for manslaughter generally (6 years and 11 and 6 years and 9 months – both below sentenced for a gang related manslaughter: Of the two offenders Serial killings may not be identi were unsolved, or if further victims had not yet been detected. Only one of the 243 homicide offenders had not yet been detected. Only one of the 243 homicide offenders were unsolved, or if further victims to be a ‘serial killer’.examined in this report was considered old man had two prior convictions The 55 year The involving acts of sexual violence between 1972 and 1994. for murder and sixteen prior convictions for parole. man was sentenced to life imprisonment for murder and was not eligible Of the four offenders sentenced for a gang related sentenced Of the four offenders Of the 243 offenders sentenced for homicide, six were sentenced for gang related homicides (2 per related homicides for gang six were sentenced for homicide, sentenced offenders Of the 243 co-accused involving two incidents, each individual homicide related to three The six offenders cent). for were sentenced these offenders male. Four of were offenders All victims and victim. and a single eligible and were sentenced to imprisonment were All six offenders manslaughter. murder and two for for parole. 13.3 13.2 72 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 72 Homicide in Victoria: 13. Other types of homicides 14. Overall summary of fi ndings ed by fi of sentence imposed of sentence imposed of imprisonment terms imposed length type and length ed by police as suffering from a mental ed by police as suffering fi ndings fi Homicide in Victoria: Offenders, Victims and Sentencing 73 Victims Offenders, Homicide in Victoria: , the evidence shows that both the , the evidence shows for analysis were not available for homicide that outcomes uence sentencing fl rearms were used). murder fi The number of homicide victims and offenders involved in the incident (longer prison terms The number of homicide victims and offenders were involved in the incident). were imposed where multiple victims or multiple offenders were offenders Whether the murder occurred during the course of another crime (these more likely to be sentenced to life imprisonment). killer (contract killers attracted longer prison terms). was a ‘contract’ Whether the offender killer (serial killers attracted longer prison terms). was a ‘serial’ Whether the offender The offender’s to a term of were less likely to be sentenced gender (women imprisonment). were more likely to be sentenced (offenders the victim and offender The relationship between a friend/acquaintance or a stranger and less likely to to a term of imprisonment if they killed member). be imprisoned if they killed a family were violence in an intimate relationship (offenders Whether there was a history of domestic likely to receive a custodial supervision order if there less likely to be imprisoned and more was a history of domestic violence). identi The offender’s condition (offenders mental imprisonment and receive an order providing condition were more likely to avoid immediate treatment for their condition). record were more likely with a prior criminal The offender’s criminal record (offenders prior to be sentenced to a term of imprisonment). than involved in the incident (all those who killed more The number of victims and offenders were sentenced to imprisonment). offender one victim or who acted with another The offender’s terms). gender (women attracted shorter imprisonment attracted shorter prison terms). The offender’s age (older and younger offenders (slightly shorter prison terms were imposed The relationship between the victim and offender sentenced for the murder of an intimate partner or a family member while on offenders sentenced for the murder of slightly longer imprisonment terms were imposed on offenders a stranger). imposed where Whether there was a history of domestic violence (longer prison terms were there was a history of domestic violence). The offender’s were longer for those identi mental condition (imprisonment terms from a mental condition). police as suffering imprisonment were Whether alcohol and/or drugs had been consumed (shorter terms of who had consumed alcohol or a combination of alcohol and drugs at imposed on offenders the time of the incident). terms were imposed The type of weapon used to commit the murder (longer imprisonment where Overall summary of summary Overall of sentence imposed for murder varied on the basis of several factors: for murder varied on the basis of sentence imposed • • • • • • • • • • • • • • • • • ndings presented in this report show that sentencing outcomes for homicide vary according to vary according outcomes for homicide that sentencing in this report show presented ndings fi type 14. The of other There are a number the victim. and the offender incident, of the homicide the characteristics that may in relevant factors the offender’s against third parties (for example as whether the victim used violence in this report, such violence. was the victim or perpetrator of domestic the offender spouse) or whether of For the offence varied depending on the characteristics of the incident, the offender and the victim. the offender on the characteristics of the incident, varied depending The than were men. from a mental condition were more likely to avoid prison In addition, women suffering likely to suffer for the murder of a family member or intimate partner were more sentenced Offenders were more likely to receive an order providing treatment for their from a mental condition and therefore condition. for murder revealed that the The analysis of sentencing outcomes terms: the length of imprisonment following factors affected The also varied. ed by fi of sentence imposed imposed of sentence of imprisonment terms re were sentenced to a re were sentenced fi length rearms or fi type and length and length type ed by police as suffering from a mental ed by police as suffering fi , the evidence shows that both the both the shows that evidence , the manslaughter term of imprisonment). record were more likely with a prior criminal The offender’s criminal record (offenders prior to receive a prison sentence). more likely to be sentenced were involved in the incident (offenders The number of offenders were involved). to imprisonment if multiple offenders killed who the course of another crime (all offenders Whether the killing occurred during were sentenced to imprisonment). during the course of another crime The offender’s (women attracted shorter prison terms). gender The offender’s (shorter prison terms were imposed for older and younger offenders). age for the manslaughter sentenced (offenders and offender The relationship between the victim the sentenced for longer prison terms; offenders of a stranger or a family member attracted manslaughter of an intimate partner attracted slightly shorter prison terms). (shorter prison terms Whether the victim initiated the use of violence against the offender were imposed where the victim had initiated the use of violence). imposed where Whether there was a history of domestic violence (longer prison terms were there was a history of domestic violence). were imposed Whether provocation was successfully raised (longer terms of imprisonment for provocation manslaughter than for manslaughter generally). The offender’s were longer for those identi mental condition (imprisonment terms from a mental condition). police as suffering had consumed alcohol and/or drugs (slightly shorter prison terms were Whether the offender had consumed either alcohol or alcohol and drugs combined imposed where the offender who had consumed during the incident, but slightly longer terms were imposed for offenders drugs). who used a blunt instrument attracted (offenders The type of weapon used by the offender shorter prison terms). involved in the incident (shorter prison terms were imposed where The number of offenders was involved in the incident). more than one offender prison terms were Whether the killing occurred during course of another crime (shorter imposed where the incident occurred during the course of another crime). imposed for gang Whether the incident was gang related (slightly shorter prison terms were related manslaughters). The offender’s age (older and younger offenders were more likely to avoid prison). The offender’s offenders age (older and younger for the sentenced (all offenders between the victim and offender The relationship who were while offenders a stranger were sentenced to imprisonment manslaughter of less likely to be imprisoned). manslaughter of a family member were sentenced for the the incident (offenders during had used violence against the offender Whether the victim violence against them), and women avoid prison if the victim had used were more likely to been subjected to violence by their were more likely to have sentenced for manslaughter victim. were intimate relationship (offenders a history of domestic violence in an Whether there was violence). prison if there was a history of domestic more likely to avoid identi The offender’s condition (offenders mental The offender’s to imprisonment). to be sentenced were less likely gender (women condition were less likely to be sentenced to a term of imprisonment). condition were less likely to be sentenced who had consumed had consumed drugs and alcohol (offenders Whether the offender were more likely to receive a prison sentence). drugs or drugs and alcohol combined who had used The type of weapon used (all offenders of sentence imposed for manslaughter varied on the basis of several factors: on the basis of varied imposed for manslaughter of sentence

• • • • • • • • • • • • • • • • • • • • • • • type

For the offence of offence For the The analysis of sentencing outcomes for manslaughter revealed that the The analysis of sentencing outcomes the length of imprisonment terms: The following factors affected imposed for manslaughter also varied. The also varied depending on the characteristics of the incident, the offender and the victim. and offender of the incident, the characteristics depending on the also varied 74 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 74 Homicide in Victoria: 14. Overall summary of fi ndings 14. Overall summary of fi ndings , mental condition ect the difference ect the difference fl ect correlation as cient to undertake cient to undertake fl fi uence on sentencing fl ected in the VHMP. For example, For example, ected in the VHMP. fl ed by police as suffering from a from ed by police as suffering fi in an intimate relationship, homicide offenders were homicide offenders in an intimate relationship, ed as suffering from a mental condition were less likely from a mental condition were ed as suffering fi Homicide in Victoria: Offenders, Victims and Sentencing 75 Victims Offenders, Homicide in Victoria: rst instance. fi were less likely to be sentenced to a term of imprisonment than of imprisonment to a term sentenced to be less likely were family member family history of domestic violence history of domestic the offender’s gender and mental condition; age, and the offender; the relationship between the victim violence; whether there was a history of domestic the offender; whether the victim used violence against consumed at the time of the incident; whether drugs and/or alcohol were the type of weapon used; and involved in the incident. the number of victims and offenders was most likely to be successfully raised as a defence by offenders in an intimate relationship in by offenders be successfully raised as a defence was most likely to • • • • • • • Offenders who killed a who killed Offenders were those who killed a stranger. Slightly shorter prison terms were imposed on offenders sentenced for sentenced for on offenders terms were imposed shorter prison Slightly who killed a stranger. were those partner. of an intimate and for the manslaughter partner, or an intimate of a family member the murder of for the manslaughter a stranger and or manslaughter of for the murder were imposed Longer terms a family member. a Where there was history of with a a prison sentence was imposed, offenders where However, less likely to be imprisoned. received longer terms on average. domestic violence Provocation sentenced for the spouse), followed by offenders (either as a spouse or a separated with their victims according for manslaughter did not vary The type of sentence imposed member. homicide of a family imposed for the duration of prison terms was successfully raised, however to whether provocation was longer for provocation manslaughter the average imprisonment term imposed manslaughter did: the victim had used In addition, for homicides where for manslaughter generally. than that imposed and received shorter were less likely to be imprisoned homicide offenders offender, violence against the prison terms when they were. was identi Around one in ten homicide offenders however the existence of a mental condition did not necessarily mean that the offender did not receive condition did not necessarily mean that the offender however the existence of a mental identi a term of imprisonment. While offenders for those who were sentenced to prison, imprisonment to be sentenced to a term of imprisonment, for murder from a mental condition and sentenced suffering Offenders terms were on average longer. providing treatment for their condition than those sentenced for were more likely to receive an order manslaughter. outcomes for homicide varied on the basis of the characteristics This report demonstrates how sentencing Although not every variable considered by the court was and the victim. of the incident, the offender a number of factors had an important in available for analysis, it is clear that outcomes for homicide, including: on the length of the imprisonment sentence imposed than These factors seemed to have a greater effect on the type of sentence imposed in the outcomes for homicide according to these factors may re in sentencing Variation may re opposed to causation. For example, shorter prison terms imposed on women circumstances in which women kill and these factors may not be fully re their daughter; no information a mother killing her husband upon discovering he was sexually abusing (for example, this in the VHMP on the extenuating circumstances of this homicide would be captured or ‘history of domestic victim’ would not be captured under the categories of ‘use of violence by the Although it would be have been successfully raised). and furthermore provocation may not violence’ which variables analysed have preferable to undertake a multivariate regression analysis to distinguish currently suf a casual relationship with sentencing outcomes, the data quality is not this process. 76 Homicide in Victoria: Offenders, Victims and Sentencing Appendix 2% 7% Homicide in Victoria: Offenders, Victims and Sentencing 77 Victims Offenders, Homicide in Victoria: Offenders Victims Men Women Total OffendersOffenders 122 90 15 16 137 106 Sub totalSub total 122 15 137 90 16 106 term Murder Manslaughter Murder Manslaughter Length of imprisonment term (years)10 – 1415 – 1920 – 2425 plusLifeTotal Men Women 7 57 27 11 10 112 2 7 3 0 12 0 10 to 1415 to 1718 to 2425 to 3435 to 4950 to 6465 plusTotal 1% 1% 19% 31%Offence 34%Murder 11% Imprisonment 3% 1% supervision order Custodial 13% 100% 22%Manslaughter conviction Adjourned undertaking with 31% 24% Hospital security order Imprisonment 7% 3% 100% Sentence 2% Community based order 9%Grand Total 32% 32% Wholly suspended sentence training centre Youth 11% 100% 11% 9 4% 16% 20% 27% 3 112 12% Men 3 100% 1 8% Women 3 12 12 87 Total 3 124 10 1 1 1 97 1 212 1 4 31 1 243 Less than 1 1 to 9 2% 6% Manslaughter Victims 60 25 85 Murder Victims 71 60 131 Table 9: Table for homicide, by gender of offender and type of homicide Sentence types imposed 10: Table by gender and length of imprisonment Offenders sentenced to imprisonment for murder, Table 8: Table age bracket and type of homicide victims and offenders, by Homicide Appendix Appendix 7: Table type of homicide by gender and victims and offenders, Homicide term sentences of imprisonment) Age bracket Number length of imprisonment term (years) Average

Age bracket Number length of imprisonment term (years) Average

10 – 1415 – 1718 – 2425 – 3435 – 4950 – 6465 plusTotal 1 2 21 39 37 10 4 114 14.00 19.00 18.62 20.35 18.85 17.70 14.88 Length of imprisonment term (years) imprisonment term Length of 0 – 45 – 910 – 1415Total Men Women 7 72 6 87 2 4 6 0 10 0 15 – 1718 – 2425 – 3435 – 4950 plusTotal 12 23 32 23 7 97 5.9 6.0 8.0 7.4 5.8 Table 13: Table by age of offender of imprisonment term imposed for manslaughter, length Average Table Table 11: of imprisonment and length by gender for manslaughter, to imprisonment Offenders sentenced Table 12: 12: Table life by age of offender (excluding for murder, length of imprisonment term imposed Average 78 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 78 Homicide in Victoria: Appendix Appendix Total Total sentenced to imprisonment sentenced Total offenders Total Total Total sentenced to imprisonment Homicide in Victoria: Offenders, Victims and Sentencing 79 Victims Offenders, Homicide in Victoria: 137 124 106 97 sentenced Total offenders Total Relationship typeRelationship Category offender Relationship type Murder Manslaughter Total Relationship type Murder Manslaughter Spouse SpouseSeparated Divorced SpouseDe-FactoEx De-Facto/ Former Lover Extra-marital Lover Girlfriend / BoyfriendFormer Girlfriend / BoyfriendHomosexual RelationshipCustodial Parent-ChildStep Parent-ChildGrandparent-GrandchildSibling Intimates Step-Sibling Intimates Other Family Intimates Close Friend Intimates Acquaintance - Neighbour Intimates Acquaintance Intimates Acquaintance (less than 24 hrs) Intimates Intimates Intimates Gang MemberStranger Family Other Relationship Family Not stated Family Unknown Friend/acquaintance Stranger Family Family Family Friend/acquaintance Friend/acquaintance member Gang Other relationship Stranger Unknown Unknown Friend/acquaintanceIntimatesStrangerFamilyOther relationshipUnknownGang memberTotal 53 35 7 22 41 15 0 5 137 16 6 21 94 18 2 2 106 51 13 43 33 2 7 243 FamilyIntimatesFriend/acquaintanceStrangerGang memberOther relationshipUnknownTotal 53 15 35 7 0 22 51 5 32 9 6 0 21 41 5 16 18 21 6 2 38 14 14 2 21 6 2 2 Table 15: Table by type of homicide Relationship between victim and offender, Table 16: 16: Table by type of relationship between victim and rates for murder and manslaughter, Imprisonment Table 14: Table types Categories of relationship Offence Murder Manslaughter Intimates Stranger Family Other Friend/ acquaintance Sentence type type Offence Total Sentence type Murder Manslaughter Sentence type of domestic violence? there a history Was Sentence type there a history of domestic violence? Was Sentence type Manslaughter Murder was a history of domestic violence imposed and type of homicide imposed and type homicide there was a history of domestic violence homicide and relationship between victim and offender victim and and relationship between homicide

Adjourned undertaking with convictionAdjourned undertaking Wholly suspended sentence training centreYouth orderCustodial supervision 93%Imprisonment Total 2% 96% 2% 0% 2% 0% 0% 4% 100% 0% 100% Hospital security orderImprisonmentTotal 1 21 22 21 1 21 42 43 YesAdjourned undertakingWholly suspended sentenceImprisonmentTotal No 0% 20% 80% 9% 0% 100% 91% 100% Adjourned undertaking with convictionWholly suspended sentenceCustodial supervision orderImprisonmentTotal 0% 0% 9% 6% 91% 6% 0% 100% 88% 100% Yes Custodial supervision orderImprisonmentTotal No 17% 83% 4% 100% 96% 100% MurderManslaughter 0% 9% 0% 14% 5% 14% 17% 40% 0% 8% Table 18: 18: Table with the primary victim, by sentence who were friends/acquaintances Homicide offenders Table 20: Table by sentence type and whether there an intimate partner, Offenders sentenced for the murder of Table 17: Table by type of a mental condition, who suffer from for homicide of offenders sentenced Proportion Table 19: Table by type of homicide Sentence types imposed for intimate homicides, Table 22: Table Homicide offenders who were strangers to their victim, by sentence type imposed and type of Table Table 21: by sentence type and whether Offenders sentenced for the manslaughter of an intimate partner, 80 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 80 Homicide in Victoria: Appendix Appendix Total Other argument 10 4% 233243 96% 100% nature sentence Argument of domestic Wholly suspended Sentence type Total relationship Termination of Termination Homicide in Victoria: Offenders, Victims and Sentencing 81 Victims Offenders, Homicide in Victoria: Imprisonment 00202 02002 00213 00011 10001 00011 124310 Jealousy Sentence type Murder Manslaughter Total Provocation successfully raised? Number Proportion offender sentence imposed homicide Type of relationshipType Motive Relationship between victim and Length of imprisonment term (years) imprisonment term Length of 0 - 55 - 1010 - 1515 - 2020 plusLifeTotal Murder Manslaughter 0 0 2 11 5 3 21 5 15 1 0 0 21 0 No Yes Total SpouseSeparated spouseCustodial parent/childAcquaintanceStrangerOther relationshipTotal 2 2 2 1 1 1 1 9 3 2 1 2 1 1 1 10 Spouse Separated spouse Custodial parent/child Acquaintance Stranger Other relationship Total Adjourned undertaking with convictionAdjourned undertaking Community based orderCustodial supervision orderImprisonmentWholly suspended sentenceTotal 6 1 9 1 1 2 15 14 6 1 2 18 23 33 Table 26: 26: Table by relationship between victim and offender and Provocation manslaughter homicides, Table 23: Table type of homicide term and by length of imprisonment strangers, Homicide incidents between Table 27: Table Homicide offenders who successfully raised provocation, by motive for the killing Table 25: Table successfully raised Homicide offenders, by whether provocation was Table 24: 24: Table type and type of by sentence homicide of a family member, Offenders sentenced for the No Yes Drug type Number Proportion Sentence type Mental condition No mental condition Sentence type Mental condition No mental condition Sentence typeSentence raised? Provocation successfully Total successfully raised successfully Mental condition of offender offender Mental condition of Murder Manslaughter Total

OtherHeroinPrescriptionMarijuanaUnknownTotal 3 6 6 8 24 47 13% 6% 13% 17% 51% 100% Adjourned undertaking with convictionCommunity based orderImprisonmentWholly suspended sentence training centreYouth Total 0 1 0 3 0 3 4 4 1 94 102 Intellectual disabilityDepressionMental illnessUnknown/Not applicableTotal 4 117 3 13 102 137 3 1 219 4 106 16 4 243 Adjourned undertaking with convictionAdjourned Community based order orderCustodial supervision Hospital security orderImprisonmentWholly suspended sentence training centreYouth Total 3 12 1 0 1 3 212 0 1 0 3 0 1 233 9 12 0 1 1 4 10 221 1 243 Custodial supervision orderHospital security orderImprisonmentTotal 10 1 9 2 20 0 115 117 Table 30: Table type of sentence by mental condition and Offenders sentenced for murder, Table 29: Table by mental condition of the offender Offenders sentenced for homicide, Table 28: 28: Table was and whether provocation sentence imposed for homicide, by sentenced Offenders Table 31: Table and type of sentence by mental condition Offenders sentenced for manslaughter, Table 32: Table Offenders sentenced for homicide who had consumed drugs, by drug type 82 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 82 Homicide in Victoria: Appendix Appendix Homicide in Victoria: Offenders, Victims and Sentencing 83 Victims Offenders, Homicide in Victoria: Sentence type Murder Manslaughter Total Sentence typeSentence Murder Manslaughter Total Sub totalSub totalSub total 25 33 94 58 18 68 5 162 23 offender had consumed drugs offender had offender had consumed alcohol drugs? alcohol? consume consume Did offender Did offender Did offender Did offender Sub totalYes Imprisonment Sub order Custodial supervision No total sentence Wholly suspended Imprisonment with conviction Adjourned undertaking total based order Community Sub supervision order Custodial Unknown order Hospital security 26 Imprisonment 2 Sub sentence Wholly suspended Custodial supervision order 24 training centreGrand Total Youth 21 20 3 9 1 102 47 92 2 44 1 3 1 9 80 1 1 72 8 3 5 182 164 9 1 5 1 1 3 1 13 137 12 1 106 243 No Imprisonment Adjourned undertaking with conviction Community based orderUnknown Custodial supervision order Imprisonment Custodial supervision order Wholly suspended sentenceGrand Total 3 10 84 1 3 17 62 1 2 146 5 10 1 1 2 137 22 106 243 Yes Imprisonment Custodial supervision order Hospital security order Wholly suspended sentence training centre Youth 1 23 1 30 2 1 53 1 1 2 1 Table 33: 33: Table and whether sentence imposed of homicide, homicide, by type sentenced for Offenders Table 34: 34: Table by type of homicide, sentence imposed and whether Offenders sentenced for homicide, centre order Youth training Youth Hospital security Community based order order Custodial Supervision Custodial Supervision conviction Adjourned undertaking with Wholly sentence suspended 89% 3% 5% 0% 3% Type of weaponType imprisonment term Average Type of weaponType imprisonment term Average term and type of weapon used type of weapon used Type of weaponType Murder Manslaughter Total Type of weaponType Imprisonment

Type of weaponType Imprisonment OtherBlunt instrumentKnife/other sharp instrumentHands, feetFireFirearm years, 2 months 18 18 years, 2 months 18 years 18 years, 9 months months 21 years, 5 20 years Blunt instrumentFireFirearmKnife/other sharp instrumentOtherHands, feet 7 years 6 years 6 years, 6 months 6 years, 3 months 7 years, 6 months 7 years, 6 months FireFirearmHands, feetKnife/other sharp instrument OtherBlunt instrument 100% 93% 100% 88% 0% 3% 0% 88% 6% 0% 13% 0% 0% 6% 0% 0% 3% 0% 0% 0% 0% 0% 0% 0% 0% Knife/other sharp instrumentHands, feetBlunt instrumentFirearmOtherFire 87% 88% 87% 11% 100% 100% 100% 13% 2% 13% 0% 0% 0% 0% 0% 0% 0% 0% Knife/other sharp instrumentKnife/other Hands, feetBlunt instrumentFirearmOtherFireUnknown 63Total 24 15 38 23 3 4 5 16 30 101 137 8 8 40 2 45 4 106 31 11 6 243 9 Table 39: 39: Table by average length of imprisonment Offenders sentenced to imprisonment for manslaughter, Table 37: Table by average length of imprisonment term and for murder, Offenders sentenced to imprisonment Table 36: Table of weapon used by type Sentencing outcomes for murder, Table 38: Table used by type of weapon Sentencing outcomes for manslaughter, Table 35: Table and type of homicide type of weapon used for homicide, by Offenders sentenced 84 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 84 Homicide in Victoria: Appendix Appendix Homicide in Victoria: Offenders, Victims and Sentencing 85 Victims Offenders, Homicide in Victoria: Sentence type Murder Manslaughter Total Sub totalSub totalSub total 58 49 54 107 44 25 98 13 38 incident and type of homicide prior criminal record homicide Offender’s prior criminal record Murder Manslaughter Total Number of victims 1 2 3 Number of offenders Murder Manslaughter Did offender have a prior criminal history? have a Did offender Murder Manslaughter criminal history? Did offender have a Did offender Sexual assaultOther assaultRobberyDrug offencesProperty offencesOther offencesNo prior criminal recordTotal 2 11 8 79 3 2 32 4 58 10 137 8 2 26 2 15 137 106 18 11 61 243 Average imprisonment term Average 19 years, 2 months 28 years, 9 months 23 years, 8 months Yes Imprisonment No Imprisonment supervision order Custodial Unknown centre training Youth Adjourned undertaking with conviction 55 Imprisonment Community based order 3 Custodial supervision orderGrand Total Custodial supervision order 48 Wholly suspended sentence 47 Hospital security order 103 3 7 Wholly suspended sentence 37 2 22 3 1 3 84 1 12 3 1 1 7 1 34 2 3 1 137 1 1 106 243 UnknownNoYesTotal 18% 39% 42% 100% 12% 42% 100% 46% 12345 18 years, 3 months 20 years, 1 month 21 years, 4 months na 23 years, 8 months 7 years, 3 months 6 years, 9 months 6 years, 7 months na 4 years, 8 months Table 44: 44: Table for homicide, by number of offenders involved in the length of imprisonment term Average Table 41: 41: Table imposed and offender’s by type of homicide, sentence Offenders sentenced for homicide, Table 43: Table of victims by number length of imprisonment term for murder, Average Table 40: 40: Table of history and type a prior criminal whether they had for homicide, by Offenders sentenced Table 42: Table the offender had a criminal history Sentencing outcomes for homicide, by whether Sentence type Murder Manslaughter Total Sentence typeSentence Murder Manslaughter Total Sub total 4 4

victims offenders Number of Number of Number of 1 total Imprisonmentwith conviction Adjourned undertaking total based order Community supervision order Custodial Sub total security order Hospital 2 Imprisonmenttotal suspended sentence Wholly Sub training centre Youth 3 Sub with conviction Adjourned undertaking 4 Sub 1 12 5 102 Imprisonment 89 Grand Total 1 Imprisonment 19 1 74 Imprisonment 1 12 67 19 2 4 7 17 176 12 156 1 8 15 1 2 1 12 36 4 7 7 20 34 1 4 8 137 7 4 20 106 243 1 total Imprisonmenttotal undertaking with conviction Adjourned Community based order total supervision order Custodial Sub security order Hospital 2 Sub 0 suspended sentence Wholly 3 centre training Youth Sub Grand Total Imprisonment 3 12 Imprisonment 0 126 113 1 0 7 3 0 106 4 1 97 0 0 4 0 232 12 210 7 0 1 1 4 1 4 7 137 0 4 1 0 106 7 4 243 Table 46: Table of offenders and type of homicide Sentencing outcomes for homicide, by number Table 45: Table and type of homicide by number of victims for homicide, Sentencing outcomes 86 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 86 Homicide in Victoria: Appendix Appendix Homicide in Victoria: Offenders, Victims and Sentencing 87 Victims Offenders, Homicide in Victoria: Sentence type Murder Manslaughter Total Murder Manslaughter Sub totalYes Imprisonment Sub No order Custodial supervision total Imprisonment Adjourned undertaking with conviction Community based order 20 Custodial supervision order Sub 2 Hospital security orderUnknown 18Grand Total Wholly suspended sentence Imprisonment 16 training centre Youth 3 16 10 36 115 104 3 2 1 34 1 90 81 4 2 10 205 185 1 1 1 4 137 2 1 106 243 another crime and type of homicide type and type of homicide crime Crime type Murder Manslaughter Total Did crime? homicide of another the course UnknownYesNoTotal 1% 15% 84% 100% 0% 15% 100% 85% occur during Sexual assaultKidnapping/AbductionRobberyArsonBreak & enter1Prostitution OtherTotal 1 4 1 4 6 3 1 2 1 2 20 7 5 3 2 6 1 16 11 11 36 Table 49: 49: Table the course of outcomes for homicide, by whether the killing occurred during Sentencing Table 48: Table by crime during the course of another crime, for homicides that occurred Offenders sentenced Table 47: 47: Table course of another occurred in the by whether the killing for homicide, Offenders sentenced 88 Homicide in Victoria: Offenders, Victims and Sentencing Endnotes nite fi x a non-parole period. fi . Melbourne: Victorian Law Reform . Melbourne: Victorian ed inconsistencies in the data base fi (1997) 2 VR 446. (Vic), if the defence of mental impairment (Vic), . Cambridge: Cambridge University Press p 4. . Cambridge: Cambridge University Press R v Coulston Quality Control in the National Homicide Monitoring Program Quality Control in the National Homicide cation of a disorder, rather than on medical diagnosis. See J. cation of a disorder, fi Homicide in Victoria: Offenders, Victims and Sentencing 89 Victims Offenders, Homicide in Victoria: nding of not guilty due to mental impairment. Under s 20 (2) and s 23 nding of not (1987) 164 CLR 465. tness to be Tried) Act 1997 tness to be Tried) fi fi (1995) 1 VR 186; [1999] VSCA 208. [1999] VSCA ed by statute (25 years for murder). Homicide in Australia: 2004-05 National Homicide Monitoring Program (NHMP) 2004-05 National Homicide Monitoring Australia: Homicide in fi R v Denyer Veen v R [No 2] Veen R v Giles (Vic) s 11(1). (Vic) (Vic) s 5(1). (Vic) Who Kills Whom and Why: Looking beyond Legal Categories Who Kills Whom and Why: Looking beyond (Vic) s 3. (Vic) (1985) 38 SASR 207. When Men Kill: Scenarios of Masculine Violence , Australian Institute of Criminology Research and Public Policy Series No. 72 p 46. Criminology Research and Public Policy Australian Institute of , [2000] VSC 356 [44]. (1973) VR 854. (1997) 2 VR 465; Technical and background paper series No.2, Australian Institute of Criminology. and background paper series No.2, Technical (2002) 7 VR 612; (2002) 7 VR 612; (2003) 142 A Crim R 369. A (2003) 142 (2003) 142 A Crim R 369. A (2003) 142 Crimes (Mental Impairment and Un manslaughter. manslaughter. Snapshots series. other reports in the Sentencing Australian Institute of Monitoring Program, the In its annual report on the National Homicide its recommendations. where it was believed that the offender to describe cases term ‘mentally disordered offender’ Criminology uses the incident, where noted in police documents immediately before or at the time of the from a mental disorder suffered from or ‘suffering as ‘mentally disordered’ of offenders The categorisation (which may not be comprehensive). is thus based on police identi a mental condition’ Houliaras (2006) T. Mouzos and annual report Commission. from press clippings where required. Institute of Criminology for the purposes of the NHMP. Australian to use information provided to the be found at . can NHMP and data entry processes, see J. Mouzos (2002) and data entry processes, see J. Mouzos (NHMP), term, with a nominal period speci and people dealt with by the court after a the court must declare the is established the person must be found not guilty because of mental impairment and supervision order is an custodial A defendant liable to supervision under Part 5 (i.e. custodial supervision order). supervision for an inde order committing the defendant to custody in an appropriate place or in a prison under R v Dupas of the Crimes Act 1958 Act Crimes Sentencing Act 1991 Act Sentencing Sentencing Act 1991 Act Sentencing R v PDJ R v Lowe R v Martin R v PP Einem v R Von R v PDJ R v PP 5 Ibid p 23. 6 J. Morgan (2002) 2 and all for copies of these website at Advisory Council’s See the Sentencing 3 used by the VLRC in report in order to be consistent with the terminology is used in this ‘mental condition’ The term 4 K. Polk (1994) End notes 1 reduced murder to jury, when accepted by the defence which, provocation was a partial time of the report, At the 7 Ibid p 30. 8 derived is supplemented by information note that the NHMP Houliaras above n 3 pp 3-4. Please T. J. Mouzos and 9 granted permission for the Council Police, who Victoria the primary data provider, The Council further liaised with 10 information on the Technical above n 3. Houliaras T. see J. Mouzos and For further information on the NHMP, Ibid. 11 12 AIC, identi the For further information on the quality control processes used by 13 14 between one and two years, the court has the discretion to For terms of imprisonment 15 18 16 16 17 those sentenced after a trial includes persons who plead guilty, In this report, the term ‘sentenced for murder’ 19 20 23 22 21 24 25 R v Verdins, R v Buckly, R v R v Buckly, R v Verdins, (1997) 2 VR 446. (1997) 2 VR [2000] VSCA 212. [2000] VSCA R v Coulston nding of not guilty due to mental impairment Under s 20 tness to be Tried) Act 1997 (Vic), if the defence of mental Act 1997 (Vic), Tried) tness to be fi fi [1998] 4 VR 224. See generally cient for this offence: an offender must be indifferent to the risk must be indifferent an offender cient for this offence: fi [2000] VSCA 212. [2000] VSCA R v Gregory R v Gregory ed by statute (20 years for manslaughter). fi (1995) 1 VR 186; (1995) 1 VR R v Kasulaitis R v Gregory R v Denyer (1995) 183 CLR 58, 66. (1991) 55 A Crim R 201; A (1991) 55 (Vic) s 11(1). (Vic) (Vic) s 5(1). (Vic) (Vic) s 32(2). (Vic) [2002] VSCA 131. [2002] VSCA 131. [2002] VSCA v R

[2000] VSC 115. (Vic) s 5. (Vic) (1991) 52 A Crim R 95. A (1991) 52 (1991) 52 A Crim R 95. A (1991) 52 (2003) 141 A Crim R 150. A (2003) 141 [1989] VSCA (Unreported, Murphy, O’Brien and Hampel JJ, 28 February 1989). O’Brien and Hampel Murphy, (Unreported, [1989] VSCA [1994] VSCA (Unreported, Crockett, Hampel and Hansen JJ, 24 November 1994). (Unreported, Crockett, Hampel [1994] VSCA [2002] VSC 588. (2004) 145 A Crim R 44. A (2004) 145 [2004] VSC 508. [2004] VSC 30. [2000] VSCA 106. [2000] VSCA (2000) 116 A Crim R 339; A (2000) 116 (1995) 1 VR 186. [1988] VR 65. (1993) 65 A Crim R 154; Crim R 154; A (1993) 65 [2002] VSC 115. [2000] VSC 356. (1997) 2 VR 465; (1997) 2 VR (2002) 7 VR 612. nite term, with a nominal period speci ﬁ 21/9/1992 CCA Vic 7. Vic 21/9/1992 CCA Coulston (1997) 2 VR 446. [2007] VSCA 102. [2007] VSCA

R v Gemmill R v Edmunds circumstances would have realised that he or she was exposing act, and any reasonable person in the same others to the risk of serious injury. having a legal duty to do so. Inadvertence is insuf R v Dupas R v R v Denyer Masciantonio v The Queen of death or serious bodily harm, or must have decided to accept the risk regardless of the consequences. This form This form the consequences. of death or serious bodily harm, or must have decided to accept the risk regardless of of involuntary manslaughter is relatively rare. may be found guilty of negligent manslaughter. the offender as to attract criminal liability, Crimes Act 1958 after a trial and people dealt with by the court after a (2) and s 23 of the Crimes (Mental Impairment and Un impairment is established the person must be found not guilty because of mental impairment and the court must impairment is established the person must be found not guilty because of mental impairment custodial supervision A order). declare the defendant liable to supervision under Part 5 (i.e. custodial supervision a prison under supervision for order is an order committing the defendant to custody in an appropriate place or in an inde Redenbach v R R v McCullagh Redenbach v R DPP v Kien DPP Yo Sentencing Act 1991 Act Sentencing Sentencing Act 1991 Act Sentencing R v Stavreski R v Goodall & Garner Crowley Sentencing Act 1991 Act Sentencing R v Lowe R v Bazley Towns R v Ramage v SJK & GAS DPP R v Gazdovic v Moran DPP v Williamson DPP R v PDJ R v Mizon R v Dumas

v SJK & GAS DPP 42 42 44 49 steps to preserve life despite Manslaughter by omission arises in circumstances where a person fails to take 43 43 45 47 48 intentionally commits an unlawful and dangerous Unlawful dangerous act manslaughter arises where an offender 46 46 50 perform an act, yet in doing so is negligent to such a gross degree intends to In circumstances where an offender 51 52 53 those sentenced ‘persons sentenced for manslaughter’ includes persons who plead guilty, In this report, the term 54 55 28 29 26 27 30 31 32 40 40 41 41 56 57 58 33 34 35 37 36 38 38 39 39 90 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 90 Homicide in Victoria: Endnotes Endnotes x a nominal fi (Vic) a custodial a (Vic) (Vic) a supervision order a supervision (Vic) (2004), 58 (Recommendation 1). tness to be Tried) Act 1997 tness to be Tried) fi es an incident as exhibiting a history of domestic fi tness to be Tried) Act 1997 tness to be Tried) fi [2002] VSCA 35. [2002] VSCA c offences, drunk and disorderly offences and possession of and possession drunk and disorderly offences c offences, fi ect a belief on the part of the author or the Sentencing Advisory ect a belief on the part of the author or the Sentencing fl Homicide in Victoria: Offenders, Victims and Sentencing 91 Victims Offenders, Homicide in Victoria: Defences to Homicide: Final Report (Vic) s 188(1). (Vic) [2001] VSCA 17. [2001] VSCA R v Bellingham & Fenton nite term and where the person is convicted of murder the court must nite term and where the person is convicted Crimes (Mental Impairment and Un fi (1995) 183 CLR 58, 66. R v Kesic [2001] VSC 208. Crimes (Mental Impairment and Un [2002] VSC 93. [2002] VSC [2004] VSC 423; (1987) 164 CLR 465. [2001] VSCA 233. [2001] VSCA [2000] VSC 295. [2000] [1996] VSCA (Unreported, Winneke ACJ, Charles and Callaway JJA, 13 September 1996). ACJ, Charles and Callaway Winneke (Unreported, [1996] VSCA cation of intellectual disability as a mental disorder or mental condition occurs in the original Australian mental condition occurs in the original cation of intellectual disability as a mental disorder or [2004] VSC 48; fi [2003] VSC 415, [21]-[22]. [1982] NSWCA (Unreported, Glass JA, Maxwell and Cantor JJ, 4 June 1982). JA, Maxwell and (Unreported, Glass [1982] NSWCA [2003] VSCA 87. [2003] VSCA Children and Young Persons Act 1989 Persons Young Children and supervision order is for an inde term of 25 years. includes offences This category hierarchy. not captured by other categories in the prior offence to minor offences traf such as (but not limited to) drink-driving offences, The manslaughter graph is therefore slightly different aged 50 and above. presented here for the seven offenders and older and the aged 65 years separately for the four offenders to the murder graph, in which data are presented aged 50 to 64 years. 13 offenders above n 3 p 60. Houliaras T. boarder and colleagues. See J. Mouzos and This does not re Institute of Criminology database. Council that intellectual disability should be so construed. from mental illness who killed their male suffering custodial supervision orders were imposed on female offenders from mental illness who killed his suffering intimate partners, and the other order was imposed on a male offender intimate female partner. Australian Institute of Criminology classi The part of the offender. had a history as a perpetrator of domestic violence. See J. Mouzos violence where either the victim or the offender Houliaras above n 3 p 60. T. and weapons offences. offence relating to the same homicide incident, the murder offence is recorded as the principal proven offence. to the same homicide incident, the murder offence relating offence to custody in an appropriate place (an approved mental health may be made for forensic patients to be committed (if no other facilities are available). service or a residential service) or in a prison R v Teeken & RJB R v KMW R v Talj Masciantonio v The Queen R v Kelso R v Lefau Akkay & R v Goral, Goral R v Mohammed R v Johns R v Lennon 2] v R [No Veen R v Palmer Crimes (Homicide) Bill 2005 (Vic). Law Reform Commission (VLRC), Victorian

59 60 61 85 62 63 64 86 73 codes but usually refer criminal history codes are not based on national offence for the prior The ‘other’ offences 78 boarding house manager/ ‘Other’ relationship includes business associates, tour guide/tourist, employee/employer, classi The 79 80 of the Two partner received a custodial supervision order. guilty of murdering an intimate Three out of 36 offenders 81 part of the victim from domestic violence on the The data do not allow for the distinction of domestic violence on the 82 Houliaras above n 3 p 60. T. and See J. Mouzos 83 a person who kills three or more victims in separate incidents. ‘serial killer’ is A 84 65 77 data are sentenced for manslaughter who was aged 65 years and older, As there was only a single offender 74 Ibid. See J. Morgan above n 6 p 30. 75 See 76 66 67 69 68 70 where a person is sentenced for a murder and manslaughter Therefore, offence. This refers to the principal proven 71 the Under s 26(2)(a) of 72 27 – 28 of the Pursuant to ss . Contract Killings in Australia Contract Killings in c offences, drunk and disorderly offences and possession drunk and disorderly offences c offences, fi ect a belief on the part of the author or the Sentencing Advisory Advisory Sentencing part of the author or the ect a belief on the fl . Melbourne: Sentencing Advisory Council. . Melbourne: Sentencing cation of intellectual disability as a mental disorder or mental condition occurs in the original Australian original occurs in the disorder or mental condition disability as a mental cation of intellectual fi

used instead is ‘offender suffering from a mental condition’. See further above n 3. condition’. See further from a mental suffering is ‘offender used instead Institute of Criminology database. This does not re This does Criminology database. Institute of Council that intellectual disability should be so construed. Council that intellectual above n 3 p 48. This category includes offences hierarchy. by other categories in the prior offence not captured to minor offences traf to) drink-driving offences, such as (but not limited incidents). of weapons offences. For a review of the literature on the versatility of recidivist offenders, see K. Gelb (2007) of recidivist offenders, review of the literature on the versatility For a of weapons offences. Recidivism of Sex Offenders Australian Institute of Criminology Research and Public Policy Series No. 53. Available at: http://www.aic.gov.au/ at: Available and Public Policy Series No. 53. Australian Institute of Criminology Research publications/rpp/53/index.html. been charged with had been convicted of two murders and had at the time the data were extracted the offender described here relates to the sentencing outcome for the the sentence of life imprisonment However, another. sentenced for the had not yet been at the time of publication the offender second murder and not the third because third offence.

89 The classi The 89 87 50 and 51). 293 (Recommendations Ibid p 88 offender’. ’mentally disordered report uses the term of Criminology Australian Institute this report, the term In The 90 due to rounding. Note that percentages do not add to 100 91 than heroin. previously listed, such as opiates other ‘Other’ drug refers to any other drug not 92 Houliaras T. See J. Mouzos and poison, drugs, vehicles and other weapons. ‘Other’ weapon refers to explosives, 93 usually refer codes but codes are not based on national offence for the prior criminal history The ‘other’ offences 95 (2003) killings, see J. Mouzos and J. Venditto For more information on contract 94 who killed multiple victims but on separate occasions (that is, in separate The data contain one serial offender 96 to be a serial killer because Institute of Criminology considers this offender Australian It must be noted that the 92 Homicide in Victoria: Offenders, Victims and Sentencing Victims Offenders, 92 Homicide in Victoria: Endnotes Bibliography , Technical and background Technical , . Melbourne: Victorian Law Reform Victorian . Melbourne: . Melbourne: Victorian Law Reform . Melbourne: Victorian . Cambridge: Cambridge University Press. . Cambridge: Cambridge , Research and Public Policy Series No. 53. Canberra: , Research and Public Homicide in Victoria: Offenders, Victims and Sentencing 93 Victims Offenders, Homicide in Victoria: . Melbourne: Sentencing Advisory Council. Advisory Sentencing . Melbourne: Defences to Homicide: Final Report Homicide in Australia: 2004-05 National Homicide Monitoring Program (NHMP) 2004-05 National Homicide Monitoring Australia: Homicide in Contract Killings in Australia Contract Killings in control in the National Homicide Monitoring Program (NHMP) control in the National Who Kills Whom and Why: Looking beyond Legal Categories and Why: Looking Who Kills Whom Recidivism of Sex Offenders Recidivism When Men Kill: Scenarios of Masculine Violence When Men Kill: Scenarios , Research and Public Policy Series No. 72. Canberra: Australian Institute of Criminology Australian Policy Series No. 72. Canberra: , Research and Public Victorian Law Reform Commission (2004). Victorian Commission. Bibliography Gelb, K. (2007). (2002). Morgan, J. Commission. Mouzos, J. (2002). Quality paper series No.2. Canberra: Australian Institute of Criminology. paper series No.2. Canberra: J. (2003). Mouzos, J. and Venditto, at: http://www.aic.gov.au/publications/rpp/53/index.html. Available Criminology. Australian Institute of (2006). T. Mouzos, J. and Houliaras, annual report Polk, K. (1994). 94 Homicide in Victoria: Offenders, Victims and Sentencing