Warning: The following article on life sentence contains topics of criminal offences that involve violent crimes including murders, assaults, and sexual assault. The content may be distressing and unsettling for some readers. Please exercise caution and consider your emotional well-being before reading further.
In criminal law matters, few penalties are as severe and consequential as a life sentence. It represents the most severe penalty a court can impose on an individual for their crime/s. This article aims to provide an insightful and comprehensive overview of life sentences in Australia. We will also outline their significance in the criminal justice system.
What Is a Life Sentence?
In Australia, life imprisonment is a punishment for people guilty of committing serious crimes. It involves the incarceration of offenders for the rest of their life. Unlike fixed-term sentences, life imprisonment does not have a definite end date.
For instance, a person who committed assault occasioning bodily harm may only receive a certain maximum penalty depending on the jurisdiction handling the case. This sentence is usually for people guilty of heinous crimes such as:
- Murder of a person or police officer;
- Aggravated sexual assault;
- Malicious wounding with intent to do grievous bodily harm;
- Armed robbery.
The person remains behind bars until death, unless there is a commutation of their sentence (reduction in sentence) or the court grants parole to the person convicted. A parole is the temporary or permanent release of a prisoner before the prisoner completes his sentence.
How Long Is a Life Sentence Australia: Crimes (Sentencing Procedure) Act 1999
Section 61 of the Crimes Act (Sentencing Procedure) 1999 (NSW) excludes offenders under 18 at the time of the offence. This means that the sentencing principles outlined in Section 61 are not applicable to juvenile offenders. However, Section 61(1) addresses the sentencing of adult individuals convicted of murder.
This section mandates the Court to sentence such offenders to life imprisonment. If the extreme level of culpability in the commission of the offence will satisfy the Court, it must apply such a mandate. In such cases, the Supreme Court sees a life sentence as the only adequate measure for:
- Retribution
- Punishment
- Community protection; and
- Deterrence
Life Sentences Without Parole in Australia
Indeed, some prisoners serving life sentences may be eligible for parole after a specific non-parole period. However, this article highlights those without this possibility, and who have no hope of release. Here are some of the notorious serial killers serving life sentences without parole in Australia:
- Peter Dupas: Convicted of the murders of Mersina Halvagis, Nicole Patterson, and Margaret Maher. Suspected of more killings.
- Mark Valera (Mark van Krevel): Committed random murders, including bashing shopkeeper David O’Hearn to death and killing alleged pedophile and former Wollongong mayor Frank Arkell.
- Roger Dean: Convicted of murdering 11 nursing home residents by setting a fire at Quakers Hill in Sydney’s northwest.
- John Bunting and Robert Wagner: Charged with 12 murders, convicted of 10 and 11 murders, respectively, during South Australia’s longest criminal trial, known as the ‘bodies in the barrels’ Snowtown murders.
- Sef Gonzales: Murdered his father, mother, and sister in their North Ryde home in a racially motivated attack.
- Katherine Knight: Committed a sadistic murder, stabbing, and skinning her husband before cooking and serving parts of his body.
- Martin Bryant: Perpetrator of the Port Arthur massacre, responsible for killing 35 people and injuring 23 others.
- Andrew Peter Garforth: Abducted, sexually assaulted, and murdered nine-year-old Ebony Simpson.
- Crespin Adanguidi: Murdered the wife and children of his lover.
- Ivan Milat: Convicted over the murders of seven young backpackers in the Belanglo State Forest.
Read: Solving First Degree Murders With Forensic Science
How Long Is a Life Sentence Australia: Key Points to Understand
Before diving into the specifics, let’s establish some essential points about life sentences in Australia:
No Possibility of Release: Lifetime incarceration aims to punish the most heinous and unforgivable crimes and there is no guarantee of parole. A person may spend their entire life in prison. However, prisoners may still appeal against false imprisonment.
Different from Capital Punishment: Life imprisonment is different from the abolished death penalty. Lifetime incarceration is the alternative maximum penalty to capital punishment for serious criminal offences.
Parole Eligibility: In some cases, life-sentenced individuals may be eligible for parole after a non-parole period, during which they must demonstrate good behaviour and remorse.
The Severity of Crimes: Lifetime incarcerations are typically reserved for crimes such as murder, multiple homicides, terrorism, or serious drug offences, among others.
Judicial Discretion: Judges have the discretion to impose lifetime incarcerations based on the facts and circumstances of each case. Not all crimes that fall under the lifetime incarceration category will automatically receive such punishment.
Mandatory Life Sentence Australia: Legal Framework
The authority to impose life sentences in Australia stems from state and territory laws. Each jurisdiction has its sentencing laws and guidelines, but they share common principles. In general, courts consider the following:
- The gravity of the criminal offence or indictable offence committed
- Impact on victims and their families; and
- Offender’s criminal history when determining the appropriateness of a life sentence.
Parole and Non-Parole Periods
One significant aspect of life sentences in Australia is the possibility of parole after a specific non-parole period. The non-parole period is the minimum time an offender must serve before becoming eligible for parole. The judge sets such period during the sentencing which can range from 20 to 30 years or more, depending on the nature of the crime.
However, parole is not automatically granted once the non-parole period is served. The parole board assesses an individual’s behaviour, rehabilitation efforts, and potential risks to society before making a decision. Offenders must demonstrate genuine remorse and a commitment to their rehabilitation during this evaluation.
Indefinite Detention for High-Risk Offenders
For certain high-risk offenders who are deemed unlikely to ever be rehabilitated or continue to pose a significant risk to society, states and territories in Australia have introduced legislation for indefinite detention. Under these laws, even after the non-parole period, an individual may still be detained if considered a substantial threat to public safety.
Appeals and Commutation
Life-sentenced individuals have the right to appeal their convictions or sentences. The appellate process allows for a review of the trial and sentencing to ensure fairness and justice are upheld. In exceptional cases, a life sentence may be commuted by the government, reducing the sentence to a definite term or other forms of punishment.
Importance of Seeking Legal Advice
Life sentences play a vital role in the criminal justice system, serving as both a deterrent and a punishment for the most serious crimes. They offer some comfort to victims and their families since this punishment ensures that dangerous offenders remain incarcerated. That’s why it is important to seek legal advice from experienced criminal lawyers.
We at JB Solicitors continue to defend and help individuals who are involved in criminal law matters. Our team’s expertise in criminal law matters and knowledge of sentencing principles can make a significant impact in court proceedings. Our assistance and guidance can ultimately prove instrumental in achieving a fair and just resolution in even the most challenging criminal cases.
Contact us today for all your criminal law matters or if you want to lodge a criminal appeal.
