Superior Court Sentencing I
Murder and Major Assaults
July 2007
Contents
page
Introduction 1
Dangerous Offender 1
First Degree Murder 1
Second Degree Murder 2
Manslaughter 4
Average Murder Sentences 5
Attempted Murder 6
Aggravated Assault 7
Average Major Assault Sentences 9
Spousal assaults and Murders 10
Infanticide 12
Child Assault 13
Conclusions 15
Appendixes 17
Introduction
This study examines the differences in criminal sentences, between men and women, decided by the Ontario Superior Court of Justice and it’s provincial counterparts, for murders and major assaults. All murder and major assault cases which include the duration of sentences, from the Canlii database, are included. In some categories the lack of data as to sentences may mean exclusion of as many as 30 % of convictions listed. Only a conviction for the major offence which an offender is charged is included. No cases for which new trials have been ordered on appeal are included. Pretrial custody has been included in the sentence on a 2 for 1 basis unless the ruling specifies otherwise. 2 for 1 pretrial custody credits are standard amoungst the judiciary, and including pretrial gives a better measure of actual relative sentences. Conditional sentences are treated as equivalent to prison terms. Another depiction could have been adopted and justified for conditional sentences, but consistent treatment is more important for the purposes of this study. Specific cases used for each province can be found in the appendixes.
Dangerous offender legislation is intended to provide long term protection to the public from some of the worst repeat criminals. A dangerous offender designation brings an indeterminate sentence with periodic review. No cases declaring a female as a dangerous offender could be found. The database evaluated contained over 20 cases declaring men dangerous offenders. Half a dozen involved men who were described as repeat spousal abusers.
R. v. Neve, 1999 ABCA 206 (CanLII)
[1] Lisa Colleen Neve was designated a dangerous offender – the second woman in Canada’s history to have been so designated – and sentenced to an indeterminate jail sentence after having been convicted for a robbery committed when she was 18.
According to Crown records, since 1947 (the year in which predecessor dangerous offender legislation first came into effect in Canada) until July 31, 1997, 219 offenders were designated dangerous offenders in Canada, an average of approximately 4 per year. Other data indicates that between 1978 and 1986, that number increased to an average of 7 per year.
[293] Accordingly, we dismiss the conviction appeal, allow the appeal of the dangerous offender designation and find that Neve is not a dangerous offender. In all the circumstances, we have concluded that a fit and proper sentence for the robbery is three years imprisonment.
The worst premeditated murders are sentenced as first degree muder. Since sentences are fixed at life with a minimum of 25 years, all first degree murders in the database are included. Other categories may have exclusions due to sentences being ommitted. No judicial discretion is involved in sentencing with the term fixed.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
3 |
3 |
100.0 |
0 |
0.0 |
|
Ontario |
97 |
93 |
95.9 |
4 |
4.1 |
|
Manitoba |
7 |
6 |
85.7 |
1 |
14.3 |
|
Saskatchewan |
8 |
8 |
100.0 |
0 |
0.0 |
|
Alberta |
16 |
14 |
86.7 |
2 |
13.3 |
|
|
|
|
|
|
|
|
Total |
131 |
124 |
94.6 |
7 |
5.4 |
124 / 7 = 17.6 men convicted for every woman
Average first degree murder sentence = 25 years minimum
Second degree murders are generally deemed to be less heinous and do not require the same level of premeditation Sentencing is partially discretionary. There is a 10 year minimum requirement, and then the judge may add additional years of parole ineligibity. Second degree murder charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute first degree murder charge.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
7 |
7 |
100.0 |
0 |
0.0 |
|
Ontario |
80 |
74 |
92.5 |
6 |
7.5 |
|
Manitoba |
15 |
14 |
93.3 |
1 |
6.7 |
|
Saskatchewan |
18 |
18 |
100.0 |
0 |
0.0 |
|
Alberta |
18 |
17 |
94.4 |
1 |
16.7 |
|
|
|
|
|
|
|
|
Total |
138 |
130 |
94.2 |
8 |
5.8 |
130 / 8 = 16.1 men convicted for every woman
Average Second Degree Murder Sentence = 10 years minimum + parole ineligibility
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
appeal sentence |
trial sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
7 |
7 |
15.7 |
15.7 |
0 |
na |
na |
|
Ontario |
80 |
74 |
13.2 |
12.6 |
6 |
15.1 |
14.3 |
|
Manitoba |
15 |
14 |
14.5 |
14.5 |
1 |
10.0 |
10.0 |
|
Saskatchewan |
18 |
18 |
16.2 |
14.9 |
0 |
na |
na |
|
Alberta |
18 |
17 |
15.5 |
15.2 |
1 |
20.0 |
20.0 |
|
|
|
|
|
|
|
|
|
|
Total |
138 |
130 |
|
|
8 |
|
|
Average Trial Sentence = ( 7 x 15.7 ) + ( 74 x 13.2 ) + ( 14 x 14.5 ) + ( 18 x 16.2 ) + ( 17 x 15.5 ) / 130
= 1844.8 / 130
= 14.2 years
Average Appeal Sentence = ( 7 x 15.7 ) + ( 74 x 12.6 ) + ( 14 x 14.5 ) + ( 18 x 14.9 ) + ( 17 x 15.2 ) / 130
= 1771.9 / 130
= 13.6 years
Average Trial Sentence = ( 6 x 15.1 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8
= 120.6 / 8
= 15.1 years
Average Appeal sentence = ( 6 x 14.3 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8
= 115.8 / 8
= 14.5 years
Manslaughter includes murders that were not deliberately planned. Manslaughter sentences are generally the lowest for all murder categories. Lesser charges for some specialized situations may also be available. Criminal negligence causing death is one such alternative which is most often used for fatal driving offenses. The sentences are almost entirely discretionary, though similar cases are supposed to act as a guide for appropriate periods of incarceration. The major prerequisite for manslaughter is that the victims death was not planned or anticipated in advance of the act. No premeditation existed. Manslaughter charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute higher murder charge.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
6 |
6 |
100.0 |
0 |
0.0 |
|
Ontario |
53 |
46 |
86.9 |
7 |
13.9 |
|
Manitoba |
19 |
16 |
84.2 |
3 |
25.0 |
|
Saskatchewan |
16 |
14 |
85.7 |
3 |
14.3 |
|
Alberta |
29 |
25 |
83.3 |
4 |
16.7 |
|
|
|
|
|
|
|
|
Total |
124 |
107 |
86.7 |
17 |
13.3 |
107 / 17 = 6.3 men convicted for every woman
Average Manslaughter Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
6 |
6 |
9.5 |
8.2 |
0 |
na |
na |
|
Ontario |
53 |
46 |
8.7 |
8.0 |
7 |
5.5 |
4.9 |
|
Manitoba |
19 |
16 |
8.5 |
8.1 |
3 |
3.7 |
3.7 |
|
Saskatchewan |
17 |
14 |
10.7 |
10.0 |
3 |
5.4 |
5.4 |
|
Alberta |
29 |
25 |
10.7 |
10.1 |
4 |
3.8 |
3.8 |
|
|
|
|
|
|
|
|
|
|
Total |
124 |
107 |
|
|
17 |
|
|
Average Trial Sentence = ( 6 x 9.5 ) + ( 46 x 8.7 ) + ( 16 x 8.5 ) + ( 14 x 10.7 ) + ( 25 x 10.7 ) / 105
= 1010.5 / 105
= 9.4 years
Average Appeal Sentence = ( 6 x 8.2 ) + ( 46 x 8.0 ) + ( 16 x 8.1 ) + ( 14 x 10.0 ) + ( 25 x 10.1 ) / 105
= 939.3 / 105
= 8.8 years
Average Trial Sentence = ( 7 x 5.5 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17
= 81.2 / 17
= 4.8 years
Average Appeal sentence = ( 7 x 4.9 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17
= 76.8 / 17
= 4.5 years
In summary, to compare male and female sentences for murders, a composite measure has been derived, using the minimum sentence for first and second degree murder, and the full sentences for manslaughter.
Average sentence = ( 123 x 25 ) + ( 130 x 13.6 ) + ( 96 x 8.8 ) / 349
= 5687 / 349
= 16.3 years
Average sentence = ( 7 x 25 ) + ( 8 x 14.5 ) + ( 16 x 4.4 ) / 31
= 361.4 / 31
= 11.6 years
The most serious assault charges not involving death is attempted murder. It has a relatively low conviction rate because it requires proof of premeditated intent to kill. Convictions, or plea bargains for lesser included assault charges are more often the result. Sentencing is primarily discretionary. In some cases no injuries may occur, and in others the victim may be permanently disfigured or handicapped.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
2 |
2 |
100.0 |
0 |
0.0 |
|
Ontario |
33 |
32 |
96.9 |
1 |
3.1 |
|
Manitoba |
5 |
5 |
100.0 |
0 |
0.0 |
|
Saskatchewan |
3 |
2 |
66.7 |
1 |
33.3 |
|
Alberta |
3 |
3 |
100.0 |
0 |
0.0 |
|
|
|
|
|
|
|
|
Total |
45 |
44 |
95.6 |
2 |
4.4 |
44 / 2 = 22 men convicted for every woman
Average Attempted Murder Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
2 |
2 |
14.5 |
9.0 |
0 |
na |
na |
|
Ontario |
33 |
32 |
13.4 |
13.3 |
1 |
7.3 |
7.3 |
|
Manitoba |
5 |
5 |
7.2 |
7.2 |
0 |
na |
na |