December 2018/v1.0 Queensland Sentencing Advisory Council | 1
December 2018/v1.0 Queensland Sentencing Advisory Council | 2
Sentencing Spotlight on…
dangerous operation of a vehicle causing death
This Sentencing Spotlight examines sentencing outcomes for dangerous operation of a vehicle causing death offences under
s 328A(4) of the Criminal Code (Qld) finalised in Queensland courts between 1 July 2005 and 30 June 2017.
Summary of offences 2005–06 to 2016–17
Source: Department of Justice and Attorney-General’s Queensland Wide Inter-linked Courts (QWIC) database, as maintained by the Queensland
Government Statistician’s Office (QGSO).
December 2018/v1.0 Queensland Sentencing Advisory Council | 3
Dangerous operation of
a vehicle causing death
Section 328A(4) of the Criminal Code (Qld) provides that
‘A person who operates, or in any way interferes with the
operation of, a vehicle dangerously in any place and causes
the death of or grievous bodily harm to another person
commits a crime’. This Sentencing Spotlight excludes
dangerous operation offences that caused grievous bodily
harm.
The penalty for dangerous operation
of a vehicle causing death
Section 328A(4) currently provides that a person who
operates, or in any way interferes with the operation of, a
vehicle dangerously in any place and causes the death of
another person is liable to a maximum penalty of 10 years’
imprisonment.
1
To operate a vehicle dangerously, there must be some
feature which subjects the public to risk beyond the risk
ordinarily associated with driving a vehicle, including driving
by a person who may, on occasions, drive with less than
due care and attention. If the manner of driving is
dangerous in all of the circumstances to other road users, it
does not matter whether the driver is deliberately reckless,
careless, momentarily inattentive or even doing their
incompetent best.
2
The maximum penalty is 14 years if one of four
circumstances of aggravation listed in the section are
charged. That is, the offender:
is adversely affected by an intoxicating substance;
is excessively speeding (more than 40 km/h over the
speed limit);
is taking part in an unlawful race or unlawful speed
trial; or
knows, or ought reasonably know, the other person
has been killed or injured, and the offender leaves the
scene of the incident, other than to obtain medical or
other help for the other person, before a police officer
arrives.
These are called circumstances of aggravation. They are an
important part of this Sentencing Spotlight because their
presence makes the offender’s conduct more serious. This
phrase is used repeatedly in this Sentencing Spotlight and
refers only to these four circumstances, and not other
types of aggravating factors, such as a lack of remorse or
relevant prior criminal history.
The four current statutory circumstances of aggravation
were added, and maximum penalties amended, on 20
March 2007.
3
Generally, in sentencing an offender under section 9(2)(a)
of the Penalties and Sentences Act 1992 (Qld) (PSA), a court
must have regard to the principles that imprisonment
should only be imposed as a last resort, and a sentence that
allows the offender to stay in the community is preferable.
However, these principles do not apply for any offence that
resulted in physical harm to another person or involved
violence against another person. In such cases, a court must
have primary regard to factors such as the risk of further
harm to the community, and the personal circumstances of
any victim of the offence.
4
From 18 June 2018, amendments to another existing
offence - careless driving of motor vehicles - increased
maximum penalties that apply if death or grievous bodily
harm are caused. The data in this Sentencing Spotlight
pre-dates these changes and does not apply to this other
offence.
5
Number of offenders
A total of 363 offenders were sentenced for dangerous
operation of a vehicle causing death between 2005–06 and
2016–17. For 361 (99.4%) of those offenders, dangerous
operation of a vehicle causing death was their most serious
offence (MSO). For the remaining 2 offenders (0.6%), this
was not their MSO (their MSOs were manslaughter and
dishonest conversion (fraud)).
This Sentencing Spotlight focuses primarily on offenders
sentenced for dangerous operation of a vehicle causing
death as their MSO. Figure 1 shows the number of finalised
offenders sentenced for dangerous operation of a vehicle
causing death (MSO) during the 12-year data period, by
financial year, showing the number is relatively stable.
Figure 1: Number of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO), 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
As discussed earlier, dangerous operation of a vehicle
causing death can be divided further depending on whether
aggravating circumstances formed part of the offence.
Of the 361 offenders sentenced for dangerous operation of
a vehicle causing death (MSO), a third (33.5%, n=121) had
the aggravating circumstance of being adversely affected by
an intoxicating substance. Excessive speeding was the
second most common factor with 6.1% of offenders (n=22),
followed by 3.0% of offenders (n=11) leaving the scene of
the incident. No offenders were sentenced for the
aggravating circumstance of participation in an unlawful race
as their MSO. The majority of offenders (61.2%, n=221)
did not have any aggravating circumstances present.
33
28 28
30
24
39
25
30
44
28
27
25
0
10
20
30
40
50
Frequency
Year (of sentence)
December 2018/v1.0 Queensland Sentencing Advisory Council | 4
Figure 2: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by the presence of aggravating
circumstances, 2005–06 to 2016–17
Note: Totals do not add to 100% as some offenders were sentenced for
multiple aggravating factors on the one offence.
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
The proportion of offenders sentenced for dangerous
operation of a vehicle causing death (MSO) with aggravating
circumstances fluctuates widely across the 12-year data
period. In 2006–07 more offenders with aggravating
circumstances were sentenced than without (53.6% and
46.4% respectively), yet in 2013–14 less than a third of
sentenced offenders had aggravating circumstances – see
Figure 3.
Figure 3: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by year and presence of aggravating
circumstances, 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
Offender characteristics
This section compares the age, gender and Aboriginal
and/or Torres Strait Islander status of all offenders
sentenced for dangerous operation of a vehicle causing
death (MSO) over the period from 2005–06 to 2016–17.
Age
At the time of the offence, the average age of all offenders
sentenced for dangerous operation of a vehicle causing
death (MSO) was 32.2 years (with a median of 27.8 years)
with ages ranging between 14 and 80 years. Figure 4 shows
age at the time of offence.
The proportion of offenders sentenced for a dangerous
operation of a vehicle causing death (MSO) with aggravating
circumstances was relatively stable among offenders aged
between 20 and 44 years, with the 25 to 29 years age
group having the largest proportion of offenders with
aggravating circumstances (50%) – see Figure 5.
Figure 4: Number of offenders sentenced for dangerous operation of a vehicle causing death (MSO) by age at
offence, 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
33.5%
6.1%
0.0%
3.0%
61.2%
0%
15%
30%
45%
60%
75%
Intoxicating
substance
(n=121)
Excessively
speeding
(n=22)
Unlawful
race
(n=0)
Leaves the
scene
(n=11)
No
aggravating
factors
(n=221)
Percent
Aggravating factor
51.5
46.4
64.3
60.0
54.2
61.5
56.0
70.0
72.7
64.3
63.0
64.0
48.5
53.6
35.7
40.0
45.8
38.5
44.0
30.0
27.3
35.7
37.0
36.0
0
20
40
60
80
Percentage
Year (of sentence)
No aggravating circumstances Aggravating circumstances
1 1
3
24
22
25
20
12
19
13
8
14
12
8
16
8
5
7
4
10
3
10
11
8
5 5
3
6
4
3
10
4
2
1
5
1
3
2
3
0
1 1
4
3
4
3
2
4
1
2
4
2
1
0
1 1
6
0
5
10
15
20
25
30
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70+
Frequency
Age (at offence)
December 2018/v1.0 Queensland Sentencing Advisory Council | 5
On average, offenders sentenced for dangerous operation
of a vehicle causing death with aggravating circumstances
were significantly younger (29.4 years) than offenders
without aggravating circumstances (34.1 years).
6
Figure 5: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by age at offence and presence of
aggravating circumstances, 2005–06 to 2016–17
* Caution: Small sample sizes.
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
Gender
During the 12-year data period, the majority of offenders
sentenced for dangerous operation of a vehicle causing
death (MSO) in Queensland were male (82.0%). The overall
number of offenders sentenced (both male and female)
fluctuated across the period. The proportion of female
offenders peaked in 2005–06 at 27.3%, while the
proportion of male offenders peaked in 2007–08 at 89.3%
(see Figure 6).
Figure 6: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by gender and year of sentence, 2005–06 to
2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
On average, female offenders sentenced for dangerous
operation of a vehicle causing death (MSO) were slightly
older than male offenders. The average age at time of the
offence was 34.7 years for female offenders, compared to
31.7 years for male offenders.
7
Both male and female offenders were significantly more
likely to not have aggravating circumstances (60.1% and
66.2% respectively) than to have aggravating circumstances
– see Figure 7. The proportion of male offenders with
aggravating circumstances was slightly higher (39.9%) than
that for female offenders (33.9%), however this difference
was not significant.
Figure 7: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by gender and presence of aggravating
circumstances, 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
69.7
52.8
50.0
51.7
51.3
53.9
69.2
66.7
93.3
92.3
100.0
100.0
30.3
47.2
50.0
48.3
48.7
46.2
30.8
33.3
6.7
7.7
0.0
0.0
0
20
40
60
80
100
Percentage
Age group (at offence)
No aggravating circumstances Aggravating circumstances
27.3
17.9
10.7
16.7
20.8
18.0
12.0
16.7
18.2
14.3
22.2
20.0
72.7
82.1
89.3
83.3
79.2
82.1
88.0
83.3
81.8
85.7
77.8
80.0
0
20
40
60
80
100
Percentage
Year (of sentence)
Female Male
66.2
60.1
33.9
39.9
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
Female (n=65) Male (n=296)
Percentage
Offender gender
No aggravating circumstances Aggravating circumstances
December 2018/v1.0 Queensland Sentencing Advisory Council | 6
Aboriginal and/or Torres Strait
Islander people
Although people who identify as Aboriginal and/or Torres
Strait Islander represent approximately 3.8% of
Queensland’s population aged 10 years and over,
8
they
accounted for 8.9% of all offenders sentenced for
dangerous operation of a vehicle causing death (MSO)
during the 12-year data period. Overall, there were 32
offenders who identified as being Aboriginal and/or Torres
Strait Islander.
Little difference was identified between age at time of
offence for Aboriginal and/or Torres Strait Islander
offenders (30.5 years) and non-Aboriginal and/or Torres
Strait Islander offenders (32.4 years).
9
When considering
Aboriginal and/or Torres Strait Islander status by gender, of
the 296 male offenders sentenced for dangerous operation
of a vehicle causing death (MSO), Aboriginal and/or Torres
Strait Islander offenders accounted for 8.5% (n=25). In
comparison, of the 65 female offenders, Aboriginal and/or
Torres Strait Islander female offenders accounted for 10.8%
(n=7).
As noted previously, the overall number of offenders
sentenced for dangerous operation of a vehicle causing
death (MSO) fluctuated from 2005–06 to 2016–17.
Proportionally, the percentage of Aboriginal and/or Torres
Strait Islander offenders sentenced also fluctuated across
this period, as shown in Figure 8. The proportion of
Aboriginal and/or Torres Strait Islander offenders
sentenced was highest in 2006–07 at 25.0% and lowest in
2012–13 at 3.3%.
Figure 8: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by Aboriginal and/or Torres Strait Islander
status and year of sentence, 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
Figure 9 illustrates that the proportion of Aboriginal and/or
Torres Strait Islander offenders sentenced for dangerous
operation of a vehicle causing death with aggravating
circumstances was slightly higher than that of
non-Aboriginal and/or Torres Strait Islander offenders
(46.9% and 38.0% respectively), however this difference
was not significant. Aboriginal and/or Torres Strait Islander
offenders were equally likely to have aggravating
circumstances as not; whereas, non-Aboriginal and/or
Torres Strait Islander offenders were less likely to have
aggravating circumstances.
Figure 9: Proportion of offenders sentenced for
dangerous operation of a vehicle causing death
(MSO) by Aboriginal and/or Torres Strait Islander
status and presence of aggravating circumstances,
2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
Young offenders
A total of five young offenders were sentenced in the
Childrens Court of Queensland for dangerous operation of
a vehicle causing death (MSO) over the 12-year data
period.
10
The average age at time of sentencing for young
offenders was 18.1 years (with a median of 17.8 years). All
young offenders were male and all except one were
non-Aboriginal and/or Torres Strait Islander.
Of the five young offenders, three had aggravating
circumstances affecting their dangerous operation of a
vehicle causing death (MSO).
Sentencing court
Dangerous operation of a vehicle causing death can only be
sentenced in higher courts (almost always the District
Court).
11
Almost all matters were finalised in the District
Court (97.8%) with three offenders sentenced in the
Supreme Court (0.8%). Of the 361 offenders sentenced for
dangerous operation of a vehicle causing death (MSO), five
(1.4%) were young offenders sentenced in the Childrens
Court of Queensland.
53.1
62.0
46.9
38.0
0
20
40
60
80
100
Aboriginal and Torres Strait
Islander offenders (n=32)
Non-Aboriginal and Torres
Strait Islander offenders
(n=329)
Percentage
Aboriginal and/or Torres Strait Islander status
Aggravating circumstances present
No aggravating circumstances present
December 2018/v1.0 Queensland Sentencing Advisory Council | 7
Table 1: Plea type of offenders sentenced for dangerous operation of a vehicle causing death (MSO) by
gender, Aboriginal and/or Torres Strait Islander status and age at sentence, 2005–06 to 2016–17
Offender type
N
Guilty plea
Not guilty plea
n
%
n
%
Female
65
58
89.2
7
10.8
Male
296
262
88.5
34
11.5
Aboriginal and/or Torres Strait Islander
32
28
87.5
4
12.5
Non-Aboriginal and/or Torres Strait Islander
329
292
88.8
37
11.3
Under 20 years
39
36
92.3
3
7.7
20-29 years
145
139
95.9
6
4.1
30-39 years
80
69
86.3
11
13.8
40-49 years
43
36
83.7
7
16.3
50-59 years
21
13
61.9
8
38.1
60 years and over
33
27
81.8
6
18.2
Total
361
320
88.6
41
11.4
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
Type of plea
Most offenders (88.6%) sentenced for dangerous operation
of a vehicle causing death (MSO) pleaded guilty, either
initially or at a subsequent date. Only 11.4% pleaded not
guilty.
No differences in plea type were seen based on gender or
Aboriginal and/or Torres Strait Islander status – see
Table 1. Offenders aged 50 to 59 at sentence were the
least likely to enter a guilty plea (61.9%) and were the most
likely to plead not guilty (38.1%). Offenders aged under 30
at sentence were the most likely to plead guilty (under 20
years=92.3%, 20-29 years= 95.9%).
Other offences
Associated offences
Some offenders sentenced for dangerous operation of a
vehicle causing death (MSO) were also sentenced for other
offences at the same court event. Of the 361 sentenced
offenders, 70.6% only had the dangerous operation of a
vehicle causing death offence sentenced in their court
event; 15.0% had one additional offence, and 14.4% had
more than one.
The number of sentenced offences per offender per court
event ranged from one to 35, with an average of 1.9
sentenced offences per event (median=1.0 sentenced
offences). Of the 106 offenders sentenced for dangerous
operation of a vehicle causing death who were sentenced
for additional offences, the majority were sentenced for
between one and three additional offences.
Female offenders were slightly more likely to be sentenced
only for a dangerous operation of a vehicle causing death
offence than male offenders, and had a significantly lower
average number of offences sentenced. On average,
Aboriginal and/or Torres Strait Islander offenders had a
significantly higher number of offences sentenced than
non-Aboriginal and/or Torres Strait Islander offenders.
Table 2: Number of sentenced offences per court event, by gender, and Aboriginal and/or Torres Strait
Islander status, and presence of aggravating circumstances, 2005–06 to 2016–17
Offender type
N
Single
offence
(%)
2 to 4
offences
(%)
5 to 10
offences
(%)
11 +
offences
(%)
Number of offences
Avg
Median
Min
Max
Female
65
86.2
10.8
3.1
0.0
1.3
1.0
1
5
Male
296
67.2
27.0
3.0
2.7
2.1
1.0
1
35
Aboriginal and/or Torres Strait
Islander
32
59.4
21.9
12.5
6.3
3.0
1.0
1
17
Non-Aboriginal and/or Torres
Strait Islander
329
71.7
24.3
2.1
1.8
1.8
1.0
1
35
No aggravating circumstances
221
79.6
16.3
1.8
2.3
1.8
1
1
35
With aggravating circumstances
140
56.4
36.4
5.0
2.1
2.2
1
1
27
Total
361
70.6
24.1
3.1
2.2
1.9
1.0
1
35
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
December 2018/v1.0 Queensland Sentencing Advisory Council | 8
Figure 10: Top eight associated offences sentenced with a dangerous operation of a vehicle causing death
(MSO), 2005–06 to 2016–17
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
Overall, seven of the top eight most common associated
offences were related to driving and/or vehicle offences
(see Figure 10).
There was little difference when considering gender,
Aboriginal and/or Torres Strait Islander status and whether
aggravating circumstances were present in the dangerous
driving offence; a driving and/or vehicle offence was the
most common associated offence across all sub-groups.
Repeat offenders
The 361 court events from 2005–06 to 2016–17 with
dangerous operation of a vehicle causing death involved 361
unique offenders. This means no offenders were sentenced
on more than one occasion across the 12-year data period
for dangerous operation of a vehicle causing death.
Prior offending
Offenders sentenced between 2010–11 and 2016–17 for
dangerous operation of a vehicle causing death (MSO) were
examined in detail to determine whether the offenders had
been sentenced for an offence of any kind in the previous
five years, including criminal offences and traffic offences
sentenced in a court. Offenders sentenced prior to 2010–
11 were excluded from this analysis as five years of prior
sentencing data was not available. Young offenders
sentenced for dangerous operation of a vehicle causing
death (MSO) were also excluded from this analysis.
Of the 216 unique offenders, 115 (53.2%) recorded no
additional court events in the five years prior to the
sentencing of their dangerous operation of a vehicle causing
death (MSO). The number of prior sentenced court events
in the preceding five financial years range from one to 15.
The average number of prior court events was 1.4, with a
median of 0.0 prior events. On average, offenders
sentenced for dangerous operation of a vehicle causing
death with no aggravating circumstances had significantly
fewer prior sentenced events (1.1) than those with
aggravating circumstances (2.2) – see Table 3.
Table 3: Number of prior sentenced court events for offenders sentenced for dangerous operation of a
vehicle causing death (MSO), by gender, Aboriginal and/or Torres Strait Islander status, and presence of
aggravating circumstances, 2010–11 to 2016–17
Offender Type
N
No
prior
offences
(%)
1–4
prior
offences
(%)
5+ prior
offences
(%)
Number of prior court
events
Avg
Median
Min
Max
Female
38
68.4
26.3
5.3
0.9
0.0
0.0
9.0
Male
178
50.0
39.9
10.1
1.5
1.0
0.0
15.0
Aboriginal and/or Torres Strait Islander
17
23.5
58.8
17.6
3.1
2.0
0.0
15.0
Non-Aboriginal and/or Torres Strait Islander
199
55.8
35.7
8.5
1.3
0.0
0.0
10.0
No aggravating circumstances
142
63.4
31.7
4.9
1.1
0.0
0.0
15.0
With aggravating circumstances
74
33.8
48.6
17.6
2.1
1.5
0.0
9.0
Total
216
53.2
37.5
9.3
1.4
0.0
0.0
15.0
Note: Totals may not add to 100% due to rounding.
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
5.0%
5.3%
5.3%
7.7%
8.0%
9.2%
9.8%
12.7%
0153045
Frequency
(n=43) Illegal use of a motor vehicle
(n=33) Exceed the prescribed content of alcohol or other substance limit
(n=31) Drive under the influence of alcohol or other substance
(n=27) Drive while licence disqualified or suspended
(n=26) Unlawful entry with intent / burglary, break and enter
(n=18) Registration offences
(n=18) Driving without a licence
(n=17) Regulatory driving offences (not elsewhere classified)
December 2018/v1.0 Queensland Sentencing Advisory Council | 9
Figure 11: Top eight prior court event MSO of offenders sentenced for dangerous operation of a vehicle
causing death (MSO), 2010–11 to 2016–17 (101 offenders, 311 sentenced events)
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
There were 101 offenders with prior sentenced events;
these offenders were collectively involved in 311 prior
sentenced events. The most common prior MSO was
driving while their licence was disqualified or suspended
(33, 10.6%) – see Figure 11. Four of the top eight MSO for
prior sentenced events were driving and vehicle related
offences.
There was little difference in the types of prior offences
when considering gender, Aboriginal and/or Torres Strait
Islander status and whether aggravating circumstances were
present in the dangerous driving offence. However, there
was some variation in the most common prior offence –
see Table 4. Offensive behaviour was the most common
prior offence for males, and for offenders sentenced
without aggravating circumstances.
Penalties and sentencing
No mandatory imprisonment penalty exists for dangerous
operation of a vehicle causing death in Queensland. Courts
retain wide discretion for deciding the types of penalties
imposed for such offences, with aggravating and mitigating
factors required to be taken into consideration.
From 2005–06 to 2016–17, 99.4% of sentenced offenders
who had a dangerous operation of a vehicle causing death
offence (MSO) received a custodial penalty. Only two
offenders received a non-custodial penalty; of those, one
offender received a $1000 fine and 12-month driver licence
disqualification, while the other offender received an
absolute driver licence disqualification.
12
For the five young offenders sentenced for dangerous
operation of a vehicle causing death (MSO), all received a
custodial sentence. Three received detention sentences,
ranging from 1.5 years to 4 years, and one received an
immediate release order, having already served 420 days in
detention. One offender was sentenced in the Childrens
Court of Queensland, but sentenced as an adult. In this
case, as the offender was aged 16 at the time of the offence
but 19 at the time of sentence, they received a 1.5 year
prison sentence.
For the two offenders sentenced for a dangerous operation
of a vehicle causing death offence which was not their
MSO, one received seven years’ imprisonment and an
absolute disqualification, to be served concurrently with the
nine-year sentence for the manslaughter MSO. The other
offender received a two-year disqualification as well as
three years’ imprisonment, to be served cumulatively on
multiple cumulative sentences imposed for fraud (with the
fraud offences totalling 10 years’ imprisonment).
Three offenders also received penalties in addition to the
custodial penalty and the driver licence disqualification. One
received 200 hours of community service, one received a
$1500 fine, and the other received a $2000 fine.
Table 4: The most common prior sentenced offence for offenders sentenced for dangerous operation of a
vehicle causing death (MSO), by gender, Aboriginal and/or Torres Strait Islander status, and presence of
aggravating circumstances, 2010–11 to 2016–17
Offender Type
N
Most common prior offence
Female*
12
Dangerous or negligent operation (driving) of a vehicle (n=4).
Possess illicit drugs (n=4).
Theft from retail premises (n=4).
Male
89
Offensive behaviour (n=31).
Aboriginal and/or Torres Strait Islander*
12
Driving while licence disqualified or suspended (n=7).
Non-Aboriginal and/or Torres Strait Islander
89
Exceeding the limit of alcohol or other substances (n=28).
With aggravating circumstances
49
Driving while licence disqualified or suspended (n=19).
No aggravating circumstances
52
Offensive behaviour (n=14).
Total
101
Driving while licence disqualified or suspended (n=33).
* Caution: Small sample sizes.
Note: For some subgroups, there were multiple offences which ranked equal as the most common prior offence.
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
4.2%
4.5%
4.8%
6.4%
9.0%
9.3%
10.0%
10.6%
0153045
Frequency
(n=33) Drive while licence disqualified or suspended
(n=31) Offensive behaviour
(n=29) Possess illicit drugs
(n=28) Exceed the prescribed content of alcohol or other substance limit
(n=20) Resist or hinder police officer or justice official
(n=15) Breach of bail
(n=14) Dangerous or negligent operation (driving) of a vehicle (not causing death)
(n=13) Driving without a licence
December 2018/v1.0 Queensland Sentencing Advisory Council | 10
Note
Due to the small number of offenders sentenced as a young person (n=5) and offenders receiving a non-custodial
penalty (n=2), the remainder of this Sentencing Spotlight will only consider offenders sentenced as an adult who
received a custodial penalty (n=354).
Penalty type
There are three types of custodial penalties which will be
discussed in this section: imprisonment, partially suspended
sentences, and wholly suspended sentences.
13
For more
details on types of sentencing orders, see the Queensland
Sentencing Guide.
14
Offenders sentenced for dangerous operation of a vehicle
causing death with aggravating circumstances were
significantly more likely to receive imprisonment (56.6%),
than offenders without aggravating circumstances (19.7%) –
see Figure 12.
A partially suspended sentence was the most common
penalty imposed (44.9%) for dangerous operation of a
vehicle causing death (MSO) – see Table 5. Imprisonment
was the most common penalty in cases with aggravating
circumstances (56.6%). Partially suspended sentences were
the most common penalty for cases without aggravating
circumstances.
Female offenders were significantly more likely to be given
a wholly suspended sentence (39.1%) than male offenders
(17.2%), while male offenders were significantly more likely
to receive an imprisonment sentence (36.9% male; 20.3%
female).
Aboriginal and/or Torres Strait Islander offenders were
significantly more likely to receive an imprisonment
sentence (54.8%) and less likely to receive a wholly
suspended sentence (9.7%) than non-Aboriginal and/or
Torres Strait Islander offenders (31.9% imprisonment;
22.3% wholly suspended).
Figure 12: Custodial penalties for dangerous
operation of a vehicle causing death (MSO) by
presence of aggravating circumstances, 2005–06 to
2016–17
Note: excludes non-custodial penalties and offenders sentenced as a
juvenile.
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017.
Table 5: Custodial penalties for dangerous operation of a vehicle causing death (MSO) by gender, Aboriginal
and/or Torres Strait Islander status, and presence of aggravating circumstances, 2005–06 to 2016–17
Offender Type
N
Imprisonment
(n, % of subgroup)
Partially suspended
(n, % of subgroup)
Wholly suspended
(n, % of subgroup)
Female
64
13 (20.3%)
26 (40.6%)
25 (39.1%)
Male
290
107 (36.9%)
133 (45.9%)
50 (17.2%)
Aboriginal and/or Torres Strait Islander
31
17 (54.8%)
11 (35.5%)
3 (9.7%)
Non-Aboriginal and/or Torres Strait
Islander
323
103 (31.9%)
148 (45.8%)
72 (22.3%)
No aggravating circumstances
218
43 (19.7%)
103 (47.3%)
72 (33.0%)
With aggravating circumstances
136
77 (56.6%)
56 (41.2%)
3 (2.2%)
Total
354
120 (33.9%)
159 (44.9%)
75 (21.2%)
Note: excludes non-custodial penalties and offenders sentenced as a juvenile.
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
19.7%
56.6%
47.3%
41.2%
33.0%
2.2%
0
20
40
60
80
100
120
No aggravating
circumstances
With aggravating
circumstances
Frequency
Imprisonment Partially suspended Wholly suspended
December 2018/v1.0 Queensland Sentencing Advisory Council | 11
Length of sentence
For offenders who were sentenced to imprisonment for
dangerous operation of a vehicle causing death (MSO), the
average sentence was 5.2 years (median=6.0 years). The
longest sentences of imprisonment had a length of 9.0 years
and were given to male offenders, and non-Aboriginal
and/or Torres Strait Islander offenders. The shortest
sentences of imprisonment were for a length of 1.5 years.
Aboriginal and/or Torres Strait Islander offenders had
longer sentences of imprisonment at 5.7 years, compared
to non-Aboriginal and/or Torres Strait Islander offenders
(5.2 years), and male offenders had slightly longer sentences
of imprisonment (5.3 years) compared to female offenders
(5.1 years), although these differences were not significant.
The average partially suspended sentence was 3.3 years
(median=3.0 years) for offenders sentenced for dangerous
operation of a vehicle causing death. The longest partially
suspended sentence was 5.0 years, which is the maximum
period permissible for suspended sentences. The shortest
partially suspended sentences had a length of 1.5 years,
although the minimum sentence for Aboriginal and/or
Torres Strait Islander offenders was higher at 2.5 years.
Aboriginal and/or Torres Strait Islander offenders had
longer partially suspended sentences at 3.8 years, compared
to non-Aboriginal and/or Torres Strait Islander offenders
(3.2 years). The average partially suspended sentence was
slightly lower for females (3.1 years) than for males (3.3
years). These differences were not significant.
Of those who received a partially suspended sentence, the
average time served before release was 0.9 years. The
average time served before release for a partially suspended
sentence was significantly longer for offenders with
aggravating circumstances at 1.2 years than those without
(0.7 years).
Wholly suspended sentences had an average length of 1.9
years (median=2.0 years). The longest wholly suspended
sentences had a length of 4.0 years, and the shortest
sentences were 0.5 years in duration. Aboriginal and/or
Torres Strait Islander offenders had shorter wholly
suspended sentences at 1.6 years, compared to non-
Aboriginal and/or Torres Strait Islander offenders (1.9
years). Both male and female offenders received wholly
suspended sentences with an average length of 1.9 years.
The average imprisonment sentence for dangerous
operation of a vehicle causing death with aggravating
circumstances (6.2 years) was significantly longer than cases
without aggravating circumstances (3.5 years) – see Figure
13. Similar results were seen for partially suspended
sentences, with aggravating circumstances attracting an
average sentence of 4.2 years, significantly longer than cases
without aggravating circumstances (2.8 years). These
differences were expected due to the higher maximum
sentence for dangerous operation of a vehicle causing death
with aggravating circumstances.
Figure 13: Custodial sentence lengths for dangerous
operation of a vehicle causing death (MSO), by
presence of aggravating circumstances, 2005–06 to
2016–17
Notes: Maximum period permissible for suspended sentences (wholly or
partially) is five years. Excludes offenders sentenced as a juvenile
Source: Queensland Government Statistician’s Office, Queensland
Treasury - Courts Database, extracted October 2017
Table 6: Sentence lengths for dangerous operation of a vehicle causing death (MSO), by gender, Aboriginal
and/or Torres Strait Islander status, and presence of aggravating circumstances, 2005–06 to 2016–17
Offender
Type
Imprisonment (years)
Partially suspended (years)
Wholly suspended (years)
N
Avg
Median
Min
Max
N
Avg
Median
Min
Max
N
Avg
Media
n
Min
Max
Female*
13
5.1
6.0
1.5
8.0
26
3.1
3.0
1.5
5.0
25
1.9
2.0
1.5
4.0
Male
107
5.3
6.0
1.5
9.0
133
3.3
3.0
1.5
5.0
50
1.9
2.0
0.5
3.0
Aboriginal
and/or Torres
Strait Islander*
17
5.7
6.0
1.5
8.0
11
3.8
4.0
2.5
5.0
3
1.6
1.5
1.3
2.0
Non-Aboriginal
and/or Torres
Strait Islander
103
5.2
5.5
1.5
9.0
148
3.2
3.0
1.5
5.0
72
1.9
2.0
0.5
4.0
No aggravating
circumstances
43
3.5
3.0
1.5
8.0
103
2.8
2.5
1.5
5.0
72
1.9
2.0
0.5
4.0
With
aggravating
circumstances
77
6.2
6.0
1.5
9.0
56
4.2
4.5
1.5
5.0
3
1.7
1.5
1.5
2.0
Total
120
5.2
6.0
1.5
9.0
159
3.3
3.0
1.5
5.0
75
1.9
2.0
0.5
4.0
* Caution: Small sample sizes.
Notes: Maximum period permissible for suspended sentences (wholly or partially) is five years. Excludes offenders sentenced as a juvenile
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
3.5
6.2
2.8
4.2
1.9
1.6
0
1
2
3
4
5
6
7
No aggravating circumstances With aggravating
circumstances
Average sentence length
(years)
Imprisonment Partially suspended Wholly suspended
December 2018/v1.0 Queensland Sentencing Advisory Council | 12
Licence disqualification
A mandatory-minimum period of disqualification from
holding or obtaining a driver licence applies in addition to,
and separately from, the penalty imposed by a court. The
legislation states that ‘the person is disqualified by the
conviction and without any specific order’. During the
12-year data period the relevant disqualification period was
six months. On 18 June 2018, this was doubled to 12
months.
15
Courts can, and could throughout the data
period, increase the disqualification up to and including an
‘absolute’ disqualification.
16
The term ‘disqualified absolutely’ is not defined but means
indefinitely, because it is distinct from ‘a specified period’. It
is not the same as ‘life’ though, because the legislation
allows a person who was disqualified absolutely or for
more than two years, to apply to the court for it to be
removed, after serving two years of the disqualification. The
court can either remove the disqualification (from the date
it specifies in its order) or refuse the application. If it
refuses, the person cannot reapply within one year.
17
As it is mandatory, all of the 361 offenders sentenced for
dangerous operation of a vehicle (MSO) received a driver
licence disqualification,
18
and 20.5% (n=74) of those
received an absolute disqualification – see Table 7.
Aboriginal and/or Torres Strait Islander offenders were
more likely to receive an absolute disqualification than
non-Aboriginal and/or Torres Strait Islander offenders.
Offenders with aggravating circumstances were more likely
to receive an absolute disqualification than offenders
without aggravating circumstances.
Table 7: Licence disqualification type for dangerous operation of a vehicle causing death (MSO), 2005–06 to
2016–17
Offender Type
N
Absolute licence
disqualification
(n, % of subgroup)
Specified disqualification
length
(n, % of subgroup)
Female
65
8 (12.3%)
57 (87.7%)
Male
296
66 (22.3%)
230 (77.7%)
Aboriginal and/or Torres Strait Islander
32
11 (34.4%)
21 (65.6%)
Non-Aboriginal and/or Torres Strait Islander
329
63 (19.1%)
266 (80.9%)
No aggravating circumstances
221
24 (10.9%)
197 (89.1%)
With aggravating circumstances
140
50 (35.7%)
90 (64.3%)
TOTAL
361
74 (20.5%)
287 (79.5%)
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
Where a disqualification length was specified (i.e. not absolute), the average disqualification length was 2.7 years (median=2.8
years) – see Table 8. The average licence disqualification length was significantly longer for offenders with aggravating
circumstances (3.4 years) than for offenders without (2.4 years). No differences in disqualification length were seen by
gender or Aboriginal and/or Torres Strait Islander status. All sub-groups had a maximum licence disqualification of five years.
Table 8: Length of licence disqualification for dangerous operation of a vehicle causing death (MSO) (years),
by gender, Aboriginal and/or Torres Strait Islander status, and presence of aggravating circumstances, 2005–
06 to 2016–17
Offender Type
Specified disqualification length (years)
N
Average
Median
Min
Max
Female
57
2.6
3.0
0.5
5.0
Male
230
2.7
2.5
0.5
5.0
Aboriginal and/or Torres Strait Islander*
21
2.7
3.0
0.5
5.0
Non-Aboriginal and/or Torres Strait Islander
266
2.7
2.6
0.5
5.0
No aggravating circumstances
197
2.4
2.0
0.5
5.0
With aggravating circumstances
90
3.4
3.0
0.5
5.0
TOTAL
287
2.7
2.8
0.5
5.0
* Caution: Small sample sizes.
Note: Absolute licence disqualifications have been excluded from this analysis.
Source: Queensland Government Statistician’s Office, Queensland Treasury - Courts Database, extracted October 2017.
December 2018/v1.0 Queensland Sentencing Advisory Council | 13
Endnotes
1
An offender could potentially instead be charged with, and
convicted of, the more serious offence of manslaughter. It
carries a maximum penalty of life imprisonment. For
manslaughter, a very high degree of criminal negligence has to
be proved, meaning such offences are generally at the high end
of offence seriousness involving a high degree of offender
culpability/criminality. The decision as to whether a person is
initially charged with manslaughter instead of dangerous driving
causing death is made by police; and ultimately determined by
the Director of Public Prosecutions, who decides which charge
should be put before the trial or sentencing court.
Manslaughter is beyond the scope of this sentencing spotlight
but for further detail on that offence generally, see the
Council’s Sentencing Spotlight on... manslaughter at
<https://www.sentencingcouncil.qld.gov.au/__data/assets/pdf_fi
le/0011/518177/Sentencing-Spotlight-on-manslaughter-July-
2017.pdf>
2
See Queensland Supreme and District Courts, ‘Dangerous
Operation of a Vehicle s 328A’, Criminal Directions Benchbook
(March 2017 amendments) 129.2 citing R v Jiminez (1992) 173
CLR 572, 579, 583; R v McBride (1966) 115 CLR 44, 50-51.
3
By the Criminal Code and Civil Liability Amendment Act 2007
(Qld) s 4. From 2005-2006 until 20 March 2007, the
maximum penalty for dangerous operation of a vehicle
causing death was 7 years’ imprisonment, or 10 years if the
offender was adversely affected by an intoxicating
substance, or 14 years if the intoxicating substance was
alcohol and the blood-alcohol concentration was equal to
or exceeded 150 mg per 100ml of blood.
4
Penalties and Sentences Act 1992 (Qld), s 9(2A), and (3).
5
See the Transport Operations (Road Use Management) Act 1995
(Qld) s 83, as amended by the Heavy Vehicle National Law and
Other Legislation Amendment Act 2018 (Qld), s 49. This
amendment commenced after the 12-year data period relevant
to this Sentencing Spotlight. The offence involves a person
driving a motor vehicle, on a road or elsewhere, without due
care and attention or without reasonable consideration for
other persons using the road or place. The maximum penalty
until 18 June 2018 was 40 penalty units or 6 months’
imprisonment. This remains unchanged in the amended
section, but new penalties were introduced where the person
causes death or grievous bodily harm to another (80 penalty
units or 1 year’s imprisonment) or does so and was an
unlicensed driver (160 penalty units or 2 years’ imprisonment).
Where death or grievous bodily harm is caused, there is also a
mandatory minimum driver licence disqualification of 6
months. The offences of careless driving or manslaughter
could be charged instead of dangerous operation of a motor
vehicle causing death, depending on the circumstances of the
case and the decisions of investigating police and prosecutors.
The same amending legislation also inserted new penalties
regarding duties of drivers in incidents that result in death or
grievous bodily harm to a person (duties of remaining at or
near the scene and exhibiting proper respect for the person’s
body and taking whatever steps are reasonably practicable to
have the body removed to an appropriate place; maximum
penalty 120 penalty units or 3 years’ imprisonment): Transport
Operations (Road Use Management) Act 1995 (Qld) s 92(1)(c),
as inserted by the Heavy Vehicle National Law and Other
Legislation Amendment Act 2018 (Qld), s 51.
6
Median: offenders without aggravating circumstances= 27.9
years; offenders with aggravating circumstances= 27.8 years.
7
Median age: female= 31.5 years, male= 27.4 years.
8
As at 30 June 2015. See Queensland Government
Statisticians Office (GovStats), Population estimates by
Indigenous Status, LGAs, 2001 to 2015, available at
<http://www.qgso.qld.gov.au/subjects/demography/atsi-
people/tables/pop-est-indigenous-status/index.php> accessed 4
August 2017.
9
Median age: Aboriginal and/or Torres Strait Islander= 25.8
years, non-Aboriginal and/or Torres Strait Islander= 28.2
years.
10
Sentencing laws are different for children and the Youth
Justice Act 1992 (Qld) (YJA) applies rather than the Penalties
and Sentences Act 1992 (Qld) which applies to the sentencing
of adult offenders. For more information, see
https://www.sentencingcouncil.qld.gov.au/about-
sentencing/sentencing-child-offenders. The equivalent of
imprisonment for a child is detention. The YJA sets different
maximum detention periods for children depending on the
level of the sentencing court and seriousness of the offence.
The maximum sentence available to higher courts is generally
lower than that applicable to adults. Relevant ages for children
and criminal responsibility have changed. Until 12 February
2018, children aged between 10 and 16 were sentenced as
children. From 12 February 2018, 17 year olds have also been
treated as children.
11
Criminal Code (Qld) s 3(3) and contrast s 552B(1)(e).
12
This case may have had extenuating circumstances, but this
could not be confirmed in the court data from QGSO.
13
‘Imprisonment’ refers to a non-suspended prison sentence,
with either a parole release or eligibility date. Suspended
sentences are periods of imprisonment of five years or less
which are suspended in whole (called a ‘wholly suspended
sentence’) or in part (called a ‘partially suspended sentence’)
for a period of time (called an ‘operational period’). If further
offences punishable by imprisonment are committed during the
operational period, the offender must serve the period
suspended in prison (unless unjust to do so), plus any other
penalties issued for the new offence).
14
The Queensland Sentencing Advisory Council’s Queensland
Sentencing Guide is available at:
https://www.sentencingcouncil.qld.gov.au/__data/assets/pdf_file
/0004/572161/queensland-sentencing-guide.pdf
15
Transport Operations (Road Use Management) Act 1995 (Qld)
s 86(3), (3A) as amended by the Heavy Vehicle National Law and
Other Legislation Amendment Act 2018 (Qld), s 50.
16
Transport Operations (Road Use Management) Act 1995 (Qld)
s 86(5).
17
Transport Operations (Road Use Management) Act 1995 (Qld)
s 131(2), (2AA), (2C), (2D).
18
Two offenders were sentenced for dangerous operation of a
vehicle where the vehicle was a boat. In such circumstances, a
court may also order that the person be disqualified from
holding or obtaining a marine licence – Transport Operations
(Marine Safety) Act 1994 (Qld) s 202A. However, this is not
included in the available data.
December 2018/v1.0 Queensland Sentencing Advisory Council | 14