Pilot study of method to review closed organized crime files

4. The SPSS research database (cont'd)

C. ACCUSED-LEVEL DATA

1. Demographic Information

In all, the file review examined charges against 324 individual accused [1], of whom 85% (275) were male, 13% (41) were female. For 2% (8) sex was not given and could not be determined from the name. Birth years for 42 of the accused were not available, but the remainder ranged from 1929 to 1987 with a bimodal distribution showing peaks in the mid 1960s and mid to late 1970s.

Of the 324 accused, 14 either had no fixed address or province of residence was not given on file. The remaining resided in the following provinces/countries:

Table 3.5: Accused Place of Residence
Place of Residence Number of Accused
Ontario 106
Quebec 55
Alberta 48
British Columbia 37
Nova Scotia 35
Europe 9
United States 4
New Brunswick 3
Newfoundland and Labrador 3
Manitoba 1
Saskatchewan 1
PEI 1
Other (Asia, Africa, etc.) 7

2. Trials and Appeals

Overall, of the 324 accused, 34 or 10.5% were involved in a trial for one or more of the charges against them. Six appeals on convictions were launched by the accused, and 6 appeals on sentence. The Crown initiated 5 appeals. Appeal and trial information was not available for 15 individuals.

3. Fines

Twenty-three of the accused had fines levied against them, ranging from $100.00 to $25,522,160.00; the total amount of fines for all files reviewed was $27,822,360.00. Note that fines may have been levied that were not reported in the file.

4. Outcomes

Of the 324 accused, 161 pled guilty to at least one charge and 24 were found guilty on at least one charge. The following table provides frequencies for the most serious disposition (as defined by the Canadian Centre for Justice Statistics) for each accused. Note dispositions are presented in order of seriousness.

Table 3.6: Most Serious Disposition (By Accused)

Disposition
  Frequency Percentage
Pled Guilty 161 50%
Found Guilty 24 7%
Stayed 56 17%
Withdrawn 25 8%
Found Not Guilty 4 1%
Other outcomes:
  Frequency Percentage
Still at Large (no resolution) 5 2%
Died prior to resolution 4 1%
No outcome given 36 11%
Not applicable 6 2%
Missing 3 1%

In all, 129 accused were sentenced to some period of jail time; however due to the only sporadic indication of whether the terms noted were to be served consecutively or concurrently, it is difficult with any certainty to say how much time was actually to be served. Where sentences for each charge were the same and it was not otherwise specified, we have assumed they were to be served concurrently, as this was certainly the norm in those files which distinguished concurrent and consecutive sentences. However, the summary data for time of sentence should be interpreted cautiously. For any given charge a jail sentence ranged from 1 to 216 months (18 years). The most frequent terms were for 24 and 36 months.

Of 324 accused, 26 were given suspended or conditional sentences, with terms ranging from 6 to 34 months. Five were sentenced to 18 months probation.

[1] There were 317 unique individuals in the files reviewed; however some were accused in more than one file and have been counted as separate accused.