Sentencing Snapshot

Sentencing trends in April 2021 Murder the higher courts of No. 248 Victoria 2015–16 to 2019–20

Introduction This Sentencing Snapshot describes sentencing outcomes1 for the offence of murder in the Supreme Court of Victoria from 2015–16 to 2019–20.2 Adjustments made by the Court of Appeal to or as at June 2020 have been incorporated into the data in this Snapshot. Detailed data on murder and other offences is available on Sentencing Advisory Council Statistics (SACStat). The offence of murder applies to the most serious homicides – when a person intentionally or recklessly kills another or inflicts severe injury on another person who dies as a result. Murder is an indictable offence that carries a maximum penalty of life .3 Murder is a Category 1 offence if it was committed on or after 20 March 2017.4 Courts must almost always impose custodial sentences for Category 1 offences. Murder is also a standard sentence offence if it was committed on or after 1 February 2018. This means that courts must take into account that a sentence of 25 years (or 30 years if the victim was an emergency worker) represents the middle of the range of objective seriousness for this offence.5 This Snapshot focuses on cases where murder was the principal offence, that is, cases where murder was the offence that received the most severe sentence.6

Murder was the principal offence in 1.6% of cases Figure 1: The number of people sentenced for murder by financial year sentenced in the higher courts between 2015–16 and 40 36 2019–20. 34 30 27 25 24 People sentenced 20 From 2015–16 to 2019–20, 146 people were sentenced in the higher courts for a principal offence of murder. 10

Figure 1 shows the number of people sentenced 0 for the principal offence of murder by financial year. 2015–16 2016–17 2017–18 2018–19 2019–20 There were 24 people sentenced for this offence in 2019–20, down by 1 from the previous year. The Figure 2: The percentage of people who received a custodial number of people sentenced was highest in 2016–17 sentence and non-custodial sentence for murder by financial year (36 people) and lowest in 2019–20 (24 people). Non–custodial sentence Immediate custodial sentence Sentence types and trends 100.0% 3.7% Figure 2 shows the proportion of people who received 80.0% a custodial sentence and non-custodial sentence for 60.0% the principal offence of murder. 100.0% 100.0% 96.3% 100.0% 100.0% 40.0%

20.0%

0.0% 2015–16 2016–17 2017–18 2018–19 2019–20

Sentencing Advisory Council Telephone 1300 363 196 Level 3, 333 Queen Street Facsimile 03 9908 8777 Melbourne Victoria 3000 [email protected] Australia www.sentencingcouncil.vic.gov.au 2

A custodial sentence involves at least some element of immediate imprisonment or detention.7 Over the five-year period, 99.3% of people were given a custodial sentence. The proportion of people who received a custodial sentence was 100% in each year except 2017–18. Table 1 shows the number of people sentenced for murder from 2015–16 to 2019–20 by the most serious type of sentence imposed.8 Over the five-year period, most people sentenced for murder received a principal sentence of imprisonment (87.7% or 128 of 146 people). The principal sentence is the sentence imposed for the charge that is the principal offence. The proportion of imprisonment sentences increased over the five years, from 76.5% in 2015–16 to 95.8% in 2019–20.

Table 1: The number and percentage of people sentenced for murder by principal sentence type and financial year

Sentence type 2015–16 2016–17 2017–18 2018–19 2019–20 Total Imprisonment 26 (76.5%) 31 (86.1%) 23 (85.2%) 25 (100.0%) 23 (95.8%) 128 (87.7%) Custodial supervision order 8 (23.5%) 5 (13.9%) 3 (11.1%) 0 (0.0%) 1 (4.2%) 17 (11.6%) Non-custodial supervision 0 (0.0%) 0 (0.0%) 1 (3.7%) 0 (0.0%) 0 (0.0%) 1 (0.7%) order Total people sentenced 34 36 27 25 24 146

Principal and total effective sentences of imprisonment The principal sentence describes sentences for the offence at a charge level (as described in the previous section). The total effective sentence describes sentences at a case level. The total effective sentence in a case with multiple charges receiving imprisonment is the sentence that results from the court ordering the individual sentences of imprisonment to be served concurrently (at the same time) or wholly or partially cumulatively (one after the other). The total effective sentence in a case with a single charge is the principal sentence. Therefore, where a case involves multiple charges, the total effective sentence imposed on a person is sometimes longer than the principal sentence. Principal sentences for murder must be considered in this broader context. The following sections analyse the use of imprisonment for the offence of murder from 2015–16 to 2019–20.

Principal sentence of imprisonment Table 2 shows that a total of 128 people received a principal sentence of imprisonment for murder. All 128 people received a non-aggregate term of imprisonment.9

Table 2: The number and percentage of people sentenced to imprisonment for murder by sentence type and financial year

Type of imprisonment 2015–16 2016–17 2017–18 2018–19 2019–20 Total sentence Imprisonment 26 (100.0%) 31 (100.0%) 23 (100.0%) 25 (100.0%) 23 (100.0%) 128 (100.0%) Total people sentenced to 26 31 23 25 23 128 imprisonment Sentencing trends April 2021 Murder 3 in the higher courts No. 248 of Victoria 2015–16 to 2019–20

Figure 3 shows the length of imprisonment for Figure 3: The number of people sentenced to imprisonment for the 128 people who received a non-aggregate murder by length of imprisonment term, 2015–16 to 2019–20 term. Imprisonment terms ranged from 12 years Total (no. = 128) to , while the median length of imprisonment was 22 years (meaning that half of the 12 to less than 13 years 1 imprisonment terms were below 22 years and half 13 to less than 14 years 0 were above). 14 to less than 15 years 0 The most common range of imprisonment term 15 to less than 16 years 6 lengths was 20 to less than 21 years (15 people). 16 to less than 17 years 2 Figure 4 shows that the average length of 17 to less than 18 years 5 imprisonment (excluding life) imposed on people 18 to less than 19 years 6 sentenced for murder ranged from 20 years and 19 to less than 20 years 6 2 months in 2016–17 to 24 years and 2 months in 20 to less than 21 years 15 2019–20. Over the five years, the average length of imprisonment for murder was 22 years and 3 months. 21 to less than 22 years 12 22 to less than 23 years 12 Other offences finalised at the same hearing 23 to less than 24 years 8

Sometimes people prosecuted for murder face Imprisonment length 24 to less than 25 years 13 multiple charges, which are finalised at the same 25 to less than 26 years 8 hearing. This section looks at the range of offences 26 to less than 27 years 4 that offenders were sentenced for alongside the principal offence of murder. 27 to less than 28 years 4 28 to less than 29 years 4 Figure 5 shows the number of people sentenced for the principal offence of murder by the total number 29 to less than 30 years 1 of sentenced offences per person. The number of 30 years or more 8 sentenced offences per person ranged from 1 to 33, Life 13 while the median was 1 offence. There were 112 0 5 10 15 20 people (76.7%) sentenced for the single offence of Number murder. The average number of offences per person was 1.79.

Figure 4: The average length of imprisonment (excluding life) Figure 5: The number of people sentenced for the principal imposed on people sentenced for murder, by financial year offence of murder by the number of sentenced offences per person, 2015–16 to 2019–20 25 23y, 4m 24y, 2m 22y, 3m 21y, 11m 20y, 2m Total (no. = 146) 20 120 112 100

s 15 80 ear

Y 10 60

5 Number 40 14 0 20 9 6 2015–16 2016–17 2017–18 2018–19 2019–20 3 2 (no. = 24) (no. = 27) (no. = 20) (no. = 23) (no. = 21) 0 12345–9 10+ Number of offences 4

Table 3 shows the 10 most common offences, by number and percentage, for people sentenced for murder. The last column sets out the average number of offences sentenced per person. For example, 4 of the total 146 people (2.7%) also received sentences for theft. On average, they were sentenced for 1.5 charges of theft per case.

Table 3: The number and percentage of people sentenced for the principal offence of murder by the most common offences that were sentenced and the average number of those offences that were sentenced, 2015–16 to 2019–20

Offence Number of cases Percentage of cases Average number of proven offences per case 1. Murder 146 100.0% 1.08 2. Aggravated burglary 6 4.1% 1 3. Rape 5 3.4% 1 4. Theft 4 2.7% 1.5 5. Attempted murder 3 2.1% 1.67 6. Causing injury recklessly 3 2.1% 1 7. Reckless conduct endangering life 2 1.4% 16 8. False imprisonment 2 1.4% 3.5 9. Incitement 2 1.4% 1.5 10. Breach of a order condition 2 1.4% 1 People sentenced 146 100.0% 1.79

Total effective imprisonment terms Figure 6: The number of people sentenced to imprisonment for Figure 6 shows the number of people sentenced to murder by length of total effective sentence, 2015–16 to 2019–20 imprisonment for murder by the length of their total Total (no. = 128) effective sentence. Total effective sentences ranged 12 to less than 13 years 1 from 12 years to life imprisonment, while the median 13 to less than 14 years 0 total effective sentence was 23 years (meaning that 14 to less than 15 years 0 half of the total effective sentences were below 23 15 to less than 16 years 6 years and half were above). 16 to less than 17 years 1 The most common ranges for total effective sentences 17 to less than 18 years 5 were 24 to less than 25 years, 30 years or more, and 18 to less than 19 years 6 life imprisonment (13 people for each of these ranges). 19 to less than 20 years 6 Non-parole period 20 to less than 21 years 12 If a person is sentenced to a term of immediate 21 to less than 22 years 11 imprisonment of less than 1 year, the court cannot 22 to less than 23 years 11 impose a non-parole period. For terms between 1 year 23 to less than 24 years 8 and less than 2 years, the court has the discretion to 24 to less than 25 years 13 fix a non-parole period. For terms of imprisonment of 2 years or more, the court must impose a non-parole 25 to less than 26 years 8 otal effective imprisonment length period in most circumstances. If the court fixes a non- T 26 to less than 27 years 4 parole period, the person must serve that period before 27 to less than 28 years 4 becoming eligible for parole. If the court does not set a 28 to less than 29 years 4 non-parole period, the person must serve the entirety 29 to less than 30 years 2 of their imprisonment term in custody. 30 years or more 13 All 128 people who were sentenced to imprisonment for Life 13 murder were eligible to have a non-parole period fixed. Of these people, 127 were given a non-parole period (99.2%). 0 5 10 15 20 Number Sentencing trends April 2021 Murder 5 in the higher courts No. 248 of Victoria 2015–16 to 2019–20

Figure 7 shows the number of people sentenced to Figure 7: The number of people sentenced to imprisonment for imprisonment for murder, by length of non-parole murder by length of non-parole period, 2015–16 to 2019–20 period. Non-parole periods ranged from 9 years Total (no. = 128) to 46 years, while the median non-parole period was 18 years (meaning that half of the non-parole 9 to less than 10 years 1 periods were below 18 years and half were above). 10 to less than 11 years 2 There was 1 person sentenced to imprisonment for 11 to less than 12 years 5 murder who did not have a non-parole period imposed. 12 to less than 13 years 1 13 to less than 14 years 3 The most common ranges for non-parole periods 14 to less than 15 years 10 were 17 to less than 18 years and 18 to less than 15 to less than 16 years 9 19 years (16 people each). 16 to less than 17 years 10 Note that it was not possible to determine the 17 to less than 18 years 16 length of the non-parole period for 1 person.10 18 to less than 19 years 16 19 to less than 20 years 5 Total effective sentences of imprisonment and 20 to less than 21 years 10 non-parole periods 21 to less than 22 years 5 Figure 8 represents the 114 people who were 22 to less than 23 years 4 sentenced to imprisonment for murder and for whom Non-parole period 23 to less than 24 years 4 the non-parole period could be determined. Figure 8 24 to less than 25 years 3 compares the average length of total effective 25 to less than 26 years 2 sentences with the average length of non-parole 26 to less than 27 years 4 periods for these people by financial year.11 27 to less than 28 years 2 28 to less than 29 years 4 From 2015–16 to 2019–20, the average length of 29 to less than 30 years 0 total effective sentences for all people ranged from 30 years or more 10 20 years and 3 months in 2016–17 to 24 years and Undetermined 1 6 months in 2019–20. Over the same period, the No non-parole period 1 average length of non-parole periods ranged from 16 years and 1 month in 2016–17 to 19 years and 0 5 10 15 20 Number 4 months in 2017–18.

Further data on total effective sentences of Figure 8: The average total effective sentence (excluding life) and imprisonment and corresponding non-parole periods the average non-parole period for people sentenced to imprisonment for murder is available on SACStat with a non-parole period for murder by financial year Average total effective Average Summary 30 sentence length non–parole period From 2015–16 to 2019–20, 146 people were sentenced for murder in the higher courts. Of these 20 s people, all but 1 received a custodial sentence ear Y and 128 (95.6%) received a principal sentence 10 , 1m , 1m , 6m , 4m , 2m , 6m , 1m , 3m , 0m of imprisonment. , 4m 24y 23y 24y 19y 18y 18y 16y 20y 23y The number and range of offences for which 0 18y people with a principal offence of murder were 2015–16 2016–17 2017–18 2018–19 2019–20 sentenced help explain why imprisonment sentence lengths were longer for the total effective sentence than for the principal sentence. The median total effective imprisonment length was 23 years, while the median principal imprisonment length was 22 years. On average, people sentenced for murder were found guilty of 1.79 offences each, with a maximum of 33 offences. Total effective sentences ranged from 12 years to life imprisonment, and non-parole periods ranged from 9 years to 46 years. 6

Endnotes 1. This Sentencing Snapshot is an update of Sentencing Snapshot no. 223, which describes sentencing trends for murder between 2013–14 and 2017–18. 2. Data on first-instance sentence outcomes presented in this Snapshot were obtained from the Strategic Analysis and Review Team at Court Services Victoria. Data on appeal outcomes was collected by the Sentencing Advisory Council from the Australasian Legal Information Institute and was also provided by the Victorian Court of Appeal. The Sentencing Advisory Council regularly undertakes extensive quality control measures for current and historical data. While every effort is made to ensure that the data analysed in this report is accurate, the data is subject to revision. 3. Crimes Act 1958 (Vic) s 3(1). 4. Sentencing Act 1991 (Vic) ss 3(a) (definition of Category 1 offence), 5(2G)–(2GC). 5. Crimes Act 1958 (Vic) s 3(2); Sentencing Act 1991 (Vic) ss 5(2)(ab), 5A–5B. 6. If a person is sentenced for a case with a single charge, the offence for that charge is the principal offence. If a person is sentenced for more than one charge in a single case, the principal offence is the offence for the charge that attracted the most serious sentence according to the sentencing hierarchy. 7. For the principal offence of murder, custodial sentences included imprisonment and custodial supervision orders. This series of reports includes custodial and non-custodial supervision orders imposed under Part 5 of the Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 (Vic) as sentencing orders and in the count of people sentenced. These orders are not sentencing orders as they are imposed in cases in which the accused is found to be unfit to stand or not guilty because of mental impairment. However, they are included in this report as they are an important form of disposition of criminal charges. 8. For example, if the principal offence has a sentence that includes imprisonment combined with a community correction order, imprisonment is the most serious sentence type. 9. A court may impose an aggregate sentence of imprisonment on multiple charges sentenced at the same time. These sentences are a single term of imprisonment in which the parts of the term attributable to the individual charges are not specified. A case may include a combination of aggregate and non-aggregate sentences. 10. One person was given a non-parole period that related to more than one case (for example, they may have already been serving a prison sentence at the time). It was not possible to separately determine the non-parole periods that related to each individual case. 11. Figure 8 only includes cases where the total effective sentence is an imprisonment term (excluding life) and a discernible non-parole period is applied.

SACStat – Higher Courts Murder http://www.sentencingcouncil.vic.gov.au/sacstat/home.html

Authored by Zsombor Bathy, Sentencing Advisory Council. Published by the Sentencing Advisory Council, Melbourne Victoria Australia. © Copyright State of Victoria, Sentencing Advisory Council, 2021 ISSN 1836-6384 (Online) Authorised by the Sentencing Advisory Council, Level 3, 333 Queen Street, Melbourne.

Disclaimer: The Sentencing Advisory Council draws data for the Sentencing Snapshots from a variety of sources. All original data sources are noted. The Sentencing Advisory Council makes every effort to ensure that data used in the Sentencing Snapshots are accurate at the time of publishing.