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5. Persons Accused of Homicide (Tables 7-9)

Age and sex ( Table 7)

5.1 At 28 November 2005, there was a total of 189 accused persons in the homicide cases recorded in 2004/05, 35 more than in 2003/04 and the highest figure recorded since 1995/96 (203 accused). As in previous years, most (89 per cent) accused in 2004/05 were male.

5.2 In 2004/05, the total number of individuals accused of homicide equated to 41 per million population. Within age/sex groups, this rate was highest for males aged 21 to 29 (221 per million population) followed by males aged 16 to 20 (191 per million population).

Results of Proceedings ( Tables 8 and 9)

5.3 Of the 189 persons accused in the homicide cases recorded in 2004/05, 50 (26 per cent) have had a charge of murder proved to date ( i.e. as at 28 November 2005). A further 42 (22 per cent) accused persons have had a charge of culpable homicide proved, of whom 26 were given a custodial sentence of 4 years or more. Twelve accused persons (6 per cent) have so far been acquitted of homicide charges. The remaining 85 (45 per cent) of accused persons either had some other outcome, e.g. had no proceedings taken against them, or their case was still pending.

5.4 Over the last 10 years, 62 per cent (999) of accused persons in homicide cases had a charge proved against them and 13 per cent were acquitted. The remaining 25 per cent had some other outcome or their case is still classified as pending. Of those persons with a charge proved against them, 90 per cent were sent to prison or a young offenders institution, including 58 per cent who were given a life sentence. Thirty-two accused persons (3 per cent of the total) were given hospital orders and/or were judged to be insane.

Chart 8: Numbers convicted of murder and culpable homicide, 1995/96-2004/05

(as at 28 November 2005)

Appeals

5.5 There were 215 appeals against convictions for murder and 120 against conviction or sentence for culpable homicide between 1995/96 and 2004/05. For appeals against convictions for murder, the majority (87 per cent) were dismissed or abandoned. The remaining 12 per cent resulted in the conviction being quashed, the conviction being changed from murder to culpable homicide or the ordering of a retrial. Over a third (35 per cent) of appeals involving culpable homicide convictions resulted in a reduced sentence with a further 2 per cent in some other appeal sustained, e.g. where the prosecution had appealed against the leniency of the original sentence. For the remaining almost two-thirds (63 per cent) of culpable homicide appeals, the appeal was either dismissed or abandoned.

Table C: Appeals against convictions for murder ⁽¹⁾ and culpable homicide, by outcome, 1995/96-2004/05

1. Excludes appeals by persons convicted of murder appealing against the effective start date and/or punishment part of their sentence.
2. Includes, from September 1995 onwards, appeals refused at sift stage.

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