Report on Mandatory Sentences - Law Reform Commission

3.37 In three jurisdictions (the Northern Territory; 81 Queensland; 82 and South Australia 83 ) the life
sentence is a mandatory penalty for murder. In all jurisdictions, the sentencing court is permitted or
required to set a non-parole period that will in normal circumstances result in release before the entire
sentence is served. 84
3.38 The applicable parole system varies from state to state. In the Commonwealth of Australia, the
court must fix a non-parole period or make a recognizance release order when it imposes a federal life
sentence, unless, having regard to the “nature and circumstances of the offence” and the antecedents of
the offender, it considers that neither is appropriate. 85 In the Australian Capital Territory, the court must
set a non-parole period when it imposes a sentence of one year or more, excluding life sentences,
unless, having regard to the nature of the offence and the antecedents of the offender, it considers this to
be inappropriate. 86 An offender serving a life sentence may apply for parole after serving 10 years of his
or her sentence. 87 In New South Wales, the standard non-parole period for murder is 20 years, and 25
years where the victim is a designated person. 88 Where the victim is a police officer, however, an
offender must serve the mandatory life sentence “for the term of the person’s natural life.” 89 In Tasmania,
the court must order that an offender sentenced to life imprisonment shall either be ineligible for parole in
respect of that sentence or ineligible for parole before the expiration of such a period as is specified in the
order. 90 In Victoria, the court must set a non-parole period where it imposes a life sentence or a sentence
of two or more years. 91
3.39 The system also varies among those states which impose a mandatory life sentence. In the
Northern Territory, the court must set a standard non-parole period of 20 years when it imposes a life
sentence for murder, or 25 years where certain factors are present in the case. 92 The court may impose
a longer non-parole period if that is warranted by the seriousness of the offence or a shorter non-parole
period if there are exceptional circumstances. The court may refuse to fix a non-parole period if it
considers that the level of culpability is so extreme that the community interest in retribution, punishment,
protection and deterrence can only be met if the offender is imprisoned for his or her natural life. In
Queensland, the court must set a standard non-parole period of 20 years when it imposes a life sentence
for murder and 30 years if the offender has a previous conviction for murder. 93 However, if the victim is a
police officer performing his or her duty, or if the offender commits the relevant act or omission in
retaliation for actions taken by the victim or another police officer in the performance of his or her duty, a
minimum non-parole period of 25 years will apply (unless the individual is granted ‘exceptional
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Section 157 of the Criminal Code Act (NT), as amended by section 17 of the Criminal Reform Amendment Act
(No 2) 2006 (NT).
Section 305 of the Criminal Code Act 1899 (Qld).
Section 11 of the Criminal Law Consolidation Act 1935 (SA).
Law Reform Commission Consultation Paper on Mandatory Sentences (LRC CP 66-2011) at paragraph 2.84.
Section 19AB of the Crimes Act 1914 (CW).
Section 65 of the Crimes (Sentencing) Act 2005 (ACT).
Section 288 of the Crimes (Sentence Administration) Act 2005 (ACT).
Table in Division 1A of Part 4 of the Crimes (Sentencing) Procedure Act 1999 (NSW).
Section 19B(2) of the Crimes Act 1900, as amended by section 3 of the Crimes
Police Officers) Act 2011.
Amendment (Murder of
Section 18 of the Sentencing Act 1997 (T). Section 18 sets out a list of matters which the court may have
particular regard to in making this determination.
Section 11 of the Sentencing Act 1991.
Section 53A of the Sentencing Act (NT).
Section 181 of the Corrective Services Act 2006 (Qld), as amended by section 7 of the Criminal Law
Amendment Act 2012.
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