Violent criminals dodging attempted murder convictions

Data compiled by the Sunday Herald Sun has revealed just 1 in 25 Victorians charged with attempted murder are convicted, with legal experts saying it is almost always impossible to prove.

Victorians are getting away with attempted murder, with new data showing that fewer than 5 per cent of people charged with the offence are ever convicted of it.

Data compiled by the Sunday Herald Sun has revealed just one in 25 people charged with attempted murder is convicted, with legal experts saying it is ­almost always impossible to prove.

While police recorded almost 300 incidences of the offence between 2013 and 2018, just 12 sentences were handed out in that time.

Those to avoid conviction for ­attempted murder include a jealous ex-husband who hacked his former wife’s head with an axe.

The charge was dropped in a plea deal and replaced with less serious charges, as often ­happens.

For the victim, it can be heart-wrenching when charges are downgraded.

Constable Ben Ashmole was lucky to survive when he was shot in the head.

The mother of Constable Ben Ashmole — lucky to survive when he was shot in the head — was shocked when in that case the charge of attempted murder was not pursued.

Sharen Joy told the Sunday Herald Sun the eight-year and seven-year jail terms handed down to the perpetrators felt “insulting to the value of my son’s life … it seemed so lenient”.

“I remember gasping in the court when the length of the prison sentences was read out,” Ms Joy said.

Legal experts are divided on whether the law needs updating.

Former chief magistrate Nick Papas, QC, said there appeared to be a definite inconsistency between police readiness to lay a charge of attempted murder and successful prosecutions of the ­offence. He said it was perfectly reasonable for the community to be critical of that, and said statutory amendments could help close the gap.

Mr Papas said it was easier to prove a charge of murder because — unlike attempted murder where prosecutors must prove an intent to kill — a murder charge could be proven where there was an intent to kill or cause really serious harm.

He said the definition of attempted murder could be extended to include an intention to cause really serious harm.

“All we need to do is amend the legislation so the prosecution is not limited to having to prove an intent to kill,” he said.

Mr Papas, an experienced senior prosecutor, said plea deals that saw the offence dropped for less serious charges could often benefit a victim by sparing them giving evidence at trial.

He said there was still plenty of sentencing range available to the courts.

“From the legal profession’s point of view it’s not controversial, but from the public point of view it can be at times.”

High-profile criminal barrister Peter Morrissey, SC, said there was nothing sinister about the statistics.

Victims of Crime Commissioner Fiona McCormack said plea negotiations often left victims with mixed feelings. Picture: Jay Town

Mr Morrissey said police often laid an attempted murder charge in circumstances of a bad assault, but said there often wasn’t the evidence of an intention to kill.

He said attempted murder was a useful charge in the right circumstances. “There are some cases where you can prove someone intended to kill, for example if you shoot someone twice in the head, and miraculously they live. In that setting that’s an ­attempted murder.”

Victims of Crime Commissioner Fiona McCormack said plea negotiations often left victims with mixed feelings.

“Some victims are relieved if a lesser charge means that the matter won’t go to trial, they don’t need to give evidence, and the offender admits their guilt — other victims can feel completely let down or cheated,” she said.

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“What the research tells us is that victims are far less likely to be re-traumatised by the criminal justice system if they are given information about the process, are kept informed of the progress of their case and have the opportunity to have their views heard — even if the outcome doesn’t result in a conviction or a lengthy sentence.

“Changes to the Victims’ Charter from November will reinforce victims’ rights to this kind of information, communication and treatment throughout the entire justice process,” Ms McCormack said.

The Office of Public Prosecutions refused to comment.

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