Disclaimer: Some section in this article may have disturbing content that may trigger some readers. JB Solicitors only aims to inform our readers about laws on death penalties and life sentences in Australia. If you believe someone is guilty of a serious offence, please contact your nearest local authority or police station.
Death penalties and life sentences are punishments for offenders who commit serious offences. While the death penalty is legal in some countries, Australia has it abolished. In fact, Amnesty International reports that 55 countries have the death penalty. Nine of these countries only had this punishment for the most serious crimes like multiple killings or war crimes. Additionally, 23 of these countries had the death penalty but have not used it for 10 years.
So why did Australia choose to abolish the death penalty? Let’s read this article about death penalties and life sentences in Australia.
Why Did Australia Abolish the Death Penalty?
According to the Department of Foreign Affairs and Trade, Australia abolished the death penalty in 1985. Consecutively, the Australian government passed the legislation that prohibited the reintroduction of capital punishment. Australia opposes this penalty because:
- It is cruel and and unusual punishment
- There’s no guarantee a fair trial happens in every case
- It disproportionately affects disadvantaged groups
Moreover, the Australian government also supports countries that want to move towards abolishing this cruel punishment. They believe that abolishing the death penalty will improve conditions for those on death row and uphold international human rights standards.
Which Law Supports the Abolishment of the Death Penalty?
Section 431 of the death penalties and life sentences law also mentions the abolishment of the death penalty in Australia, regardless of when the crime was committed. This applies to laws passed by the state parliament (Acts), British laws still in effect (Imperial Acts), and any unwritten legal principles (rules of law). Any crime that was committed before the abolishment of the death penalty is replacecd with 25 years imprisonment.
Death Penalties and Life Sentences: Alternative Punishment
Death penalties and life sentences are among the top punishments for serious offences around the world. However, with the death penalty abolished in Australia, the country has opted for life sentences as the most severe punishment for criminals. About 600 individuals (5% of the jail population) are currently serving indeterminate life sentences, which are normally reserved for murder.
The national average of life sentences in Australia is 13 years, but Western Australia mandates a minimum of 20 years. Judges might also welcome more flexibility in setting maximum sentences for crimes that currently carry life imprisonment. This flexibility can allow for a more tailored approach to punishment taking into account individual circumstances.
What Crimes Are Punishable by Life Sentences?
Section 431A of the death penalties and life sentences law states what crimes are punishable by life sentences. Life imprisonment only applies to specific offences such as:
| 1. Murder | Murder is a serious offence that is done voluntarily that causes the death of a person. A person is guilty of this offence if he/she: – Did the act voluntarily or out of their own volition – Had the intent to kill or inflict grievous bodily harm – Acted with reckless indifference to human life |
| 2. Offences under specific sections of the Crimes Act (e.g., 61JA, 66A) | Section 61JA (Aggravated sexual assault in company): This offence involves having sexual intercourse without consent while: – Knowing that the other person does not consent to the act; – There is another party involved; – There was actual bodily harm inflicted; – Threats were made with a weapon Section 66A (Sexual intercourse with a child under 10 years old): – This offence is punishable by life imprisonment. – The age of consent in Australia is between 16 or 17 years. |
| 3. Offences carrying life sentences under the Drug Misuse and Trafficking Act 1985 | Some offences under this section include: – Cultivation, supply, or possession of prohibited plants (Cannabis plant/leaf) – Manufacture and production of prohibited drugs – Supply of prohibited drugs Read: Sydney Drug Offence Lawyers | Expert Drug Defence | JB Solicitors |
Death Penalties and Life Sentences: What Can Guilty Offenders Do?
So what can guilty offenders do if they think that they may receive a life sentence? If they are guilty of the offence, they must plead guilty to their offence and own up to their offence. However, some offenders may not be guilty and want to defend themselves at court proceedings. Regardless of the offender being guilty or not, they should:
- Seek legal advice: It’s always best to have a criminal lawyer who can represent them at court proceedings. These legal professionals can challenge the prosecution’s case and explore alternative charges when possible.
- Seek mitigation: The defence can present evidence of the offender’s background and if they are remorseful of what they did. Some factors that can mitigate a sentence include mental health issues, lack of prior criminal history, or cooperation with authorities.
- Check if they are eligible for parole: Parole authorises an offender’s release form prison. However, this will depend on the jurisdiction and the crime committed. Good behaviour and rehabilitation are beneficial for future parole considerations.
Who Should Offenders Seek Legal Advice From?
We hope this article has helped you understand death penalties and life sentences in Australia. Life sentences are still a serious matter that requires expert assistance from legal professionals. We at JB Solicitors can help our clients get the legal representation they need during court proceedings. Our expertise with criminal law include:
- Helping with various criminal cases like murder, sexual offences, drug offences, and also traffic offences (speeding, licence suspension)
- Building a strong defence that involves investigating cases thoroughly, adhering evidence, interviewing witnesses, and locating weak points in the prosecutions arguments
- Identifying if the client is eligible for parole and plea bargains
Contact us today if you need more help understanding death penalties and life sentences.
