Figure 1: Median values and distribution of total effective imprisonment sentence lengths (TES) and non-parole periods (NPP) for cases of all reference offences, 2006–07 to 2012–13 Offence Total effective sentence/ non-parole period Minimum 25th percentile Median 75th percentile Maximum Culpable driving causing death Total effective sentence (n = 88) 3 years 5 years 6 years, 1 month 7 years, 2 months 11 years Non-parole period (n = 88) 1 year, 3 months 3 years 4 years 5 years 8 years Dangerous driving causing death Total effective sentence (n = 41) 1 year, 6 months 2 years, 6 months 3 years, 3 months 4 years 10 years Non-parole period (n = 41) 9 months 1 year, 2 months 1 year, 8 months 2 years 7 years Negligently causing serious injury Total effective sentence (n = 46) 8 months 2 years, 1 month 3 years, 2 months 3 years, 7 months 6 years Non-parole period (n = 43) 6 months 1 year, 2 months 1 year, 8 months 2 years, 2 months 4 years, 6 months Dangerous driving causing serious injury Total effective sentence (n = 20) 9 months 1 year, 11 months 2 years, 5 months 3 years, 1 month 5 years, 3 months Non-parole period (n = 18) 7 months 1 year 1 year, 3 months 1 year, 8 months 3 years
Table 16: Case-level sentences imposed, by cluster, negligently causing serious injury, to 2012–13 Sentence type Cluster Sentences in cluster Minimum (years) Median (years) Maximum (years) Percentage of sentences in cluster Imprisonment 1 29 8m 3y 3m 6y 56.86% 2 16 1y 6m 3y 3m 5y 61.54% Partially suspended sentence 1 7 1y 6m 1y 8m 2y 3m 13.73% 2 4 1y 2y 3y 15.38% Youth justice centre order 1 5 1y 4m 2y 3y 9.80% 2 0 – – – 0.00% Wholly suspended sentence 1 8 1y 1y 9m 3y 15.69% 2 5 1y 2y 3m 3y 19.23% Community-based order 1 0 – – – 0.00% 2 1 2y 2y 2y 3.85% Community correction order 1 1 2y 2y 2y 1.96% 2 0 – – – 0.00% Fine 1 1 – – – 1.96% 2 0 – – – 0.00% Figure 8: Median values and distribution of total effective sentences and non-parole periods, by cluster, negligently causing serious injury (driving related), 2006–07 to 20012–13 TES/NPP Cluster Minimum 25th percentile Median 75th percentile Maximum Total effective sentence Cluster 1 (n=29) 8 months 2 years, 11 months 3 years, 3 months 3 years, 7 months 6 years Cluster 2 (n = 16) 1 year, 6 months 2 years, 3 months 3 years, 3 months 3 years, 8 months 5 years Non-parole period Cluster 1 (n = 28) 6 months 1 year, 3 months 1 year, 7 months 2 years, 1 month 4 years, 6 months Cluster 2 (n = 15) 10 months 1 year, 2 months 1 year, 8 months 2 years, 2 months 2 years, 9 months
Prospects of rehabilitation – negative 0 0% Prospects of rehabilitation – not stated 10 20% Assessment of remorse – positive 37 74% Assessment of remorse – negative 4 8% Assessment of remorse – not stated 9 18% Offender seriously injured 26% Pleaded guilty 48 96% Pleaded not guilty 2 4% Discussion of factors Driving behaviour As with culpable driving causing death and negligently causing serious injury, the same pattern of speeding (44%), driving affected by alcohol (40%), and intentional high-risk behaviour (32%) were the most common driving behaviours in cases of dangerous driving causing serious injury. Few cases involved drug-affected drivers (8%) and where drug affected, the two drug types identified (with a single case each) were cannabis and MDMA/ecstasy. Location and vehicles The majority of cases occurred within metropolitan Melbourne (74%). Cases of dangerous driving causing serious injury most commonly involved 1 vehicle (54%) and most offender vehicles were passenger vehicles (66%). Factors relating to victims The majority of cases involved 1 victim (74%) and, unlike the other reference offences, most victims were female (51%). Of the cases where the age of the victim was stated, victims were most commonly adults (36% of the 58% of victims with a stated age). Victims were primarily occupants of another vehicle (37%) closely followed by passengers in the principal vehicle (36%) and then pedestrian/bystanders (21%). A majority of all victims were strangers to the offender (61%) followed by friends of the offender (24%). Victims’ seatbelt status was mentioned by the judge for relatively few charges (16%). Victims were recorded as not wearing a seatbelt for 12% of all charges.
Sentences for individual charges Imprisonment was imposed for 47% of charges (n = 68). A wholly suspended sentence was imposed for 33% of charges (n = 48), and a partially suspended sentence was imposed for 8% of charges (n = 12). Combined, suspended sentences were imposed for 37% of charges. A youth justice centre order was imposed for 8% of charges (n = 11). The median term of imprisonment for a charge of dangerous driving causing serious injury was 1 year and 6 months. Sentences for cases and non-parole periods During the reference period, cases that included a proven charge of dangerous driving causing serious injury had: an average of 2.94 proven charges of any kind per case; and an average of 1.51 proven charges of dangerous driving causing serious injury per case. A sentence of imprisonment was imposed in 39% of cases (n = 20). A wholly suspended sentence was imposed in 35% of cases (n = 18), and a partially suspended sentence was imposed in 16% of cases (n = 8). A youth justice centre order was imposed in 4% of cases (n = 2). The median term of imprisonment for cases of dangerous driving causing serious injury was 2 years and 5 months, which is 11 months higher than the median imprisonment term for individual charges of dangerous driving causing serious injury. During the reference period, the median non-parole period was 1 year and 3 months, which represents 52% of the median total effective imprisonment term of 2 years and 5 months. Suspended sentences Suspended sentences have been abolished in the higher courts for all offences committed on or after 1 September 2013 and in the Magistrates’ Court for all
The Council also sought to code the type of vehicle driven by the offender. The vehicle categories included: 4WD/SUV; passenger vehicle; truck/semi-trailer/heavy goods vehicle; motorcycle; and uncertain or not stated. Stolen vehicles The Council coded for the circumstance where the principal vehicle driven by the offender was stolen. However, this did not necessarily mean that the offender stole the vehicle. Professional drivers The Council coded for the circumstance where an offender’s usual occupation involved driving a vehicle, such as taxi drivers, truck drivers, and bus drivers. This factor included where the offender was not working at the time of the offending (such as a taxi driver driving a personal vehicle outside working hours). This analysis sought to examine whether the consideration of an increased duty of care by a professional driver was reflected in sentencing outcomes. Factors relating to victims In addition to the number, gender, and age of victims, the Council coded for location of the victim, including whether the victim was a: cyclist; motorcyclist; pedestrian/bystander; passenger in principal vehicle; occupant of other vehicle; or uncertain or not stated. Whether the victim was wearing a seatbelt (where relevant) was also coded.
Appendix 4 Negligently causing serious injury (driving related) Table A3: Percentage of cases containing a particular sentencing factor, negligently causing serious injury (driving related), Cluster 1 and Cluster 2, 2006–07 to 2012–13 Sentencing factor % Cluster 1 (n=51) % Cluster 2 (n=26) Significant differences Factors relating to the offence Driving behaviour – speeding 63 38 * Driving behaviour – drug affected 14 12 Driving behaviour – alcohol affected 57 35 Driving behaviour – fatigue 6 12 Driving behaviour – inattention 6 12 Driving behaviour – mobile phone use 0 0 Driving behaviour – intentional high-risk behaviour 25 27 Offender drug affected – cannabis 8 4 Offender drug affected – methylamphetamine/ice 2 4 Offender drug affected – MDMA/ecstasy 4 0 Offender drug affected – heroin 0 0 Offender drug affected – amphetamine/speed 0 4 Offender drug affected – cocaine 0 0 Offender drug affected – prescription drugs 2 4 Offender drug affected – drug type not stated 0 0 Location – metropolitan Melbourne 73 46 * Location – outside metropolitan Melbourne 16 50 * Location – not stated 12 4 1 vehicle in incident 61 46 2 vehicles in incident 37 42 3 vehicles in incident 0 4 4 vehicles in incident 0 4 5 or more vehicles in incident 0 0 Offender vehicle – 4WD/SUV 0 4 Offender vehicle – passenger vehicle 71 69 Offender vehicle – truck 0 12 Offender vehicle – motorbike 2 4 Offender vehicle – uncertain or not stated 27 12 Offender vehicle stolen 4 4 Offender vehicle not stolen 96 92 Offender professional driver 2 15 Offender not professional driver 98 77 * Factors relating to victims 1 victim in case 55 65 2 victims in case 27 12 3 victims in case 10 15 4 victims in case 6 8 5 or more victims in case 2 0 Victims – male 53 49 Victims – female 40 49 Victims – gender not stated 7 2 Child victims 11 19 Adult victims 49 44 Victim age uncertain 40 37