§ Sir John WheelerTo ask the Secretary of State for the Home Department what statistical information he has on the acceptance of defences to murder from women and men in cases of domestic homicide and their treatment by the courts; and if he will make a statement.
§ Mr. John PattenThe information in the tables relates to domestic homicides committed in England and Wales from 1982 to 1989 inclusive.
Ninety-five per cent of those indicted for homicide of a spouse, cohabitant or lover, including previous relation-ships, were indicted for murder. However, women were nearly twice as likely as men to be indicted for the lesser charge of manslaughter. Table 1 gives the indictment figures separately for women and men.
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Indictment 1982 1983 1984 1985 1986 1987 1988 1989 Total Total 18 21 22 19 22 24 25 26 177 Manslaughter as a percentage of murder + manslaughter 11 14 5 5 5 4 8 8 7 Men Murder 108 84 88 93 109 80 90 101 753 Manslaughter 2 5 7 5 6 3 2 2 32 Total 110 89 95 98 115 83 92 103 785 Manslaughter as a percentage of murder + manslaughter 2 6 7 5 5 4 2 2 4 At trial 22 per cent. of women and 5 per cent. of men were acquitted of all charges.
In the outcome 65 per cent. of all domestic homicide convictions were for manslaughter. Thirty-one per cent. were on grounds of diminished responsibility under
Table 2 Domestic Homicide Convictions 1982 to 1989 (including lover, former lover etc.) Women England and Wales Number of persons Conviction: 1982 1983 1984 1985 1986 1987 1988 1989 Total Murder 3 2 1 4 1 7 4 5 27 Section 2 Manslaughter 3 10 4 3 5 2 4 5 36 Other Manslaughter 8 4 11 8 9 9 10 11 70 Lesser offence — — — — 3 — — 1 4 Acquitted/unfit to plead 4 5 6 4 4 6 7 4 40 Total 18 21 22 19 22 24 25 26 177 Manslaughter as a percentage of murder + manslaughter 79 88 94 73 93 61 78 76 80
Men England and Wales Number of persons Conviction 1982 1983 1984 1985 1986 1987 1988 1989 Total Murder 34 28 29 29 43 26 38 51 278 Section 2 manslaughter 44 31 31 31 33 22 20 27 239 Other manslaughter 27 27 26 33 33 29 30 20 225 Lesser offence — 2 — — — — 1 3 6 Acquitted/unfit to plead 5 1 9 5 6 6 3 2 37 TOTAL 110 89 95 98 115 83 92 103 785 Manslaughter as a percentage of murder plus manslaughter 68 67 66 69 61 66 57 48 63 Women are more likely than men finally to be convicted of manslaughter rather than murder. Around half of the homicide convictions for women were for other manslaughter on the grounds of provocation, compared with 30 per cent. for men.
When convicted for manslaughter, men were more likely to receive a prison sentence and it was likely to be longer. Between 1986 and 1989, 70 per cent. of men received a prison sentence compared to 45 per cent. of women. The average lengths of sentence were 59 months for men, excluding life sentences, and 33 months for women—no life sentences.
192Wsection 2 of the Homicide Act 1957, the remaining 34 per cent. for other mansulaughter were mostly on grounds of provocation Table 2 gives details of the conviction, separately for women and men.
Women were also more likely to receive a probation order or suspended prison sentence. Between 1986 and 1989, these sentences accounted for 27 per cent. of decisions for women and 8 per cent. of decisions for men.