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Life imprisonment in Australia

January 07, 2023

Life imprisonment is the most severe criminal sentence available to the State and Territory Supreme Courts in Australia. Most cases attracting the sentence are murder. It is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.

As of 2018, there are 1008 prisoners serving terms of life imprisonment in Australia.[1]

Offences and minimum terms

Mandatory life imprisonment

The death penalty in Australia fell into disuse in 1967, and between then and 1985, each jurisdiction abolished it and (in most cases) replaced it with mandatory life imprisonment.

Mandatory life imprisonment was subsequently abolished in New South Wales in 1982,[2] Victoria in 1986,[2] Tasmania in 1995,[2] and Western Australia in 2008, [3] though it was reintroduced in New South Wales in 2011 for the murder of a police officer.[4][5]

When the death penalty was abolished in the Australian Capital Territory in 1973, there were no offences subject to mandatory life imprisonment.[2] Even so, life imprisonment can be imposed.

Life imprisonment remains mandatory for murder in South Australia, the Northern Territory, and Queensland.

State and territories

The criminal law and prisons are primarily administered by state and territory governments within Australia's federal system. As such, there is considerable divergence of which offences can attract life sentences across Australia.

The minimum non-parole period on a life sentence varies between jurisdictions, and between different crimes attracting the penalty. A life sentence in Western Australia, for a crime other than murder, attracts a minimum non-parole period of seven years, while the equivalent term in Queensland is 15 years. For murder, the minimum non parole period on a life sentence in Australian Capital Territory is 10 years, as it is in Western Australia except when committed during an aggravated home burglary, in which case it is 15 years.

In South Australia, Queensland and Northern Territory, the minimum non-parole period for a life sentence resulting from a murder conviction is 20 years. Though in Queensland, if the victim is known by the offender to be a police officer, the minimum non-parole period is 25 years; in the case of multiple murder victims or where the offender has a prior murder conviction, the minimum non-parole period is 30 years.[6] In Northern Territory, exceptional circumstances can lessen the minimum 20 year non-parole period, but conversely the minimum non-parole for murder in circumstances of aggravation is 25 years. In South Australia, a guilty plea discount can remove 25% of the mandatory 20 year non-parole period. [7] The minimum non-parole term for a life sentence in Victoria is 30 years, unless a court considers it not in the interest of justice to set such a term.[8]

New South Wales is the only Australian state or territory to provide for a mandatory life without parole sentence, specifically for the offence of murder where the victim was known to be, or ought reasonably to have been known to be a police officer.[9]

Following a string of high-profile ‘coward punch’ related deaths, in 2014 the Queensland government created a new offence of unlawful striking causing death, the maximum penalty for which is life imprisonment.[10]

The Criminal Code of Queensland,[11] Western Australia[12] and Northern Territory[13] provide for life imprisonment for aircraft hijacking, aiding a suicide, terrorism and for perjuring to procure a conviction of an offence punishable by life imprisonment. The Criminal Code of the Northern Territory also provides for life imprisonment for terrorism and aircraft hijacking, as well as for most other serious violent offences.

The Criminal Code of Queensland provides life imprisonment as a mandatory punishment for repeat child sex offences, which cannot be mitigated or varied under any law.

Every state and territory except Tasmania provides for life imprisonment for some drug offences, though Tasmanians remain subject to Commonwealth law, which allows for life imprisonment for some drug offences. Primarily these offences are manufacturing, trafficking or cultivating commercial quantities of controlled drugs and procuring children to do so, and in Queensland, supplying any quantity of particular drugs to children under 16.

Child sexual abuse offences can attract a life sentence in New South Wales, Queensland, South Australia and the Northern Territory. In Queensland, if child sexual abuse was committed by a repeat offender, a life sentence is mandatory and cannot be mitigated or varied under any law. Other offences capable of attracting a sentence of life imprisonment sentence are rape, arson, incest, riot (under aggravated circumstances), piracy and destroying sea walls (Queensland) and treason (Tasmania). In Queensland, the law also provides a maximum punishment of life imprisonment for aircraft hijacking, burglary or unlawful entry into a dwelling (under aggravated circumstances or by means of a break), armed robbery, violent robbery, attempt to commit armed robbery, attempt to commit violent robbery, conspiracy to bring false accusation against another where an innocent person is convicted and punished with life imprisonment for a crime he or she did not commit, rape, aggravated sexual assault, manslaughter, attempted murder, stupefying (poisoning or drugging) with the intent to commit another indictable offence, disabling with intent to commit an indictable offence (choking, suffocating or strangulating or rendering or attempted to render any person incapable of resistance), and most other serious violent offences.

The Australian Capital Territory[14] and Victoria[15][16] are the only Australian jurisdictions to explicitly prohibit the imposition of life sentences on children.

Prisoners serving life sentences in Australia (2018)[1]
Most serious offence Number of prisoners Number expected to serve total life sentence
Homicide offences 951 406
Illicit drug offences 19 4
Offences against justice procedures, government security/operations 17 16
Sexual assault offences 7 7
Miscellaneous offences 3 0
Total 1008 438

Commonwealth

Under Commonwealth legislation, there are 68 offences that can attract life imprisonment.

Sixty three such offences are within the Criminal Code Act 1995,[17] including the setting or placing of explosive and lethal devices; treason, treachery and espionage offences; terrorist acts, as well as preparing or planning terrorist acts and financing terrorism; incursions into foreign countries with the intention of engaging in hostile activity and related preparatory conduct (including accumulating weapons, providing or participating in training, giving or receiving goods and services and allowing use of buildings and vehicles to support such offences).

Further offences in the Criminal Code that allow for life imprisonment include crimes against humanity (genocide, war crimes), the murder of UN personnel and various drug offences including manufacturing, trafficking importing and exporting of commercial quantities controlled drugs and plants, cultivating commercial quantities of controlled plants, and procuring children to facilitate similar drug offences.

The Crimes (Aviation) Act 1991[18] provides for life imprisonment for hijacking offences, destruction of aircraft with intent to kill and prejudicing safe operation of an aircraft with intention to kill, and the Crimes Act 1914 provides for life imprisonment for piracy.[19]

Notable sentences

With non-parole periods

The longest overall non-parole period for a single murder is 45 years and six months, being served by Michael Barry Fyfe (South Australia), who stabbed fellow inmate Trevor Tilley in the kitchen of Yatala Prison in January 1995 while serving a 17+1⁄2-year sentence for other crimes. The longest non-parole period imposed for a single murder is 35 years, being served by Melbourne CBD gunman Christopher Wayne Hudson (Victoria).[20] The longest non-parole period imposed on a woman is 32 years, being served by South Australian Angelika Gavare, who murdered and dismembered pensioner Vonne McGlynn in November 2008 for financial gain,[21] and Victorian Cai Xia Liao, who repeatedly stabbed Mai Mach and her four-year-old grandson Alistair Kwong with gardening shears in a vicious attack.[22]

Notable prisoners serving at least one life imprisonment with specified non-parole period:

Name State Convictions Sentence Non-parole period Age at sentence Date of sentence Notes
Jaymes Todd Victoria Murder; rape; attempted rape; sexual assault Life Imprisonment 35 years 20 September 2019 [23]
Adrian Ernest Bayley Victoria Murder; rape Life Imprisonment 35 years 41 June 2013 [24]
Garry Francis Newman SA Murder Life Imprisonment 29 years 50 April 2010
Ernest Fisher WA Murder Life Imprisonment 18 years 67 August 2018 [25]
Brett Peter Cowan QLD Murder; indecent treatment of a child under 16; interference with a corpse Life Imprisonment 20 years 44 March 2014 [26][27] Sentenced over the murder of Daniel Morcombe
Dieter Pfennig SA Murder ×2; abduction ×2; rape 2× life imprisonment 60 years 44 1992: 25* years; 2016: additional 35 years [28] *1994 ‘Truth in sentencing’ legislation reduced an initial 38-year term to 25 years. Pfenning has the longest non-parole period of any Australian prisoner; he will be 103 before he becomes eligible for parole.
Michael Fyfe SA Murder; attempted murder; causing grievous bodily harm; causing death by dangerous driving; assaulting a police officer ×2; several assaults; assault occasioning actual bodily harm Life imprisonment 45 years and 6 months In custody since age 25 [29] In custody since May 1987[29] [30] Fyfe's total non-parole period is the longest of any Australian prisoner convicted of a single murder.
Angelika Gavare SA Murder Life imprisonment 32 years 35 November 2011 [31][32] Gavare's non-parole period is, equal with Cai Xia Liao, the longest imposed on a female by any Australian court.
James Miller SA Murder ×6 6× life imprisonment 35 years* 40 March 1980 Deceased; died of cancer in October 2008. *Miller applied for a non-parole period to be determined in 1999, which was approved and imposed in February 2000.[33]
James Gargasoulas Victoria Murder ×6; reckless conduct endangering life ×27 6× life imprisonment 46 years 27 February 2019 [34] Gargasoulas received the longest non-parole period resulting from a single trial of any Australian prisoner.
Carl Williams Victoria Murder ×3; conspiracy to murder 3× life imprisonment 35 years 36 May 2007 [35] Deceased; killed in prison April 2010
Keith Faure Victoria Murder ×2 2× life imprisonment 19 years 54 May 2006 [36]
Malcolm Clarke Victoria Murder Life imprisonment 25 years 49 December 2004 [37]
Nicola Spina Victoria Murder2; false imprisonment 2× life imprisonment 25 years 54 August 2003 [38] Deceased, died in prison in 2011 of a heart attack
John Sharpe Victoria Murder ×2 2× Life imprisonment 33 years 38 August 2005 [39]
Brent Quarry Victoria Murder; causing injury intentionally; causing injury recklessly Life imprisonment 24 years 32 February 2004 [40]
Michael Lane Victoria Murder Life imprisonment 24 years 48 June 2003 [41]
Gregory Brazel Victoria Murder Life imprisonment 27 years 48 March 2003 [42] *
Lloyd Crosbie Victoria Murder ×2 2× life imprisonment 30 years 20 March 2003 [43]
Andrew Norrie Victoria Murder Life imprisonment 14 years and 6 months 39 December 2001 [44]
Peter Knight Victoria Murder Life imprisonment 23 years 48 November 2002 [45]
John Horrocks Victoria Murder; attempted murder, conduct endangering life Life imprisonment 23 years 39 October 2000 [46]
Truong Phuc Victoria Murder; kidnapping Life imprisonment 23 years and 8 months 40 June 2000 [47]
Dean Williamson Victoria Murder Life imprisonment 24 years 30 March 2000 [48] Deceased; died by suicide in 2000 at Barwon Prison
Robert Parsons Victoria Murder Life imprisonment 25 years 55 May 1999 [49]
Manuel Adajian Victoria Murder ×2; attempted murder; armed robbery 2× life imprisonment 25 years 42 May 1998 [50][51]
Lindsay Beckett Victoria Murder ×2 2× life imprisonment 35 years 24 August 1998 [52][53]
Christopher Hudson Victoria Murder; attempted murder ×2; intentionally causing serious injury Life imprisonment 35 years 30 September 2008 [54] Hudson received the longest non-parole period for a single murder of any Australian prisoner.
Cai Xia Liao Victoria Murder ×2; intentionally causing injury; false imprisonment Life imprisonment 32 years 45 December 2015 [55] Liao's non-parole period is, equal with Angelika Gavare, the longest imposed on a female by any Australian court
Massimo Sica QLD Murder ×3 3× life imprisonment 35 years 42 July 2012 [56]
Valmae Beck QLD Murder; rape Life imprisonment 14 years and 6 months 44 1988 Deceased, died of heart failure May 2008
Tracey Wigginton QLD Murder Life imprisonment 13 years 25 January 1991 Wigginton was released on parole in January 2012[57]
Jessica Stasinowsky WA Wilful murder Strict security life imprisonment 24 years 21 March 2008 [58]
Valerie Parashumti WA Wilful murder Strict security life imprisonment 24 years 19 March 2008 [58]
Catherine Birnie WA Murder ×4; aggravated sexual assault; deprivation of liberty 4× strict security life imprisonment 20 years 35 March 1987 [59] *Though becoming parole eligible in 2007, every serving Attorney General since has invariably stated Birnie will be denied parole during their tenure.[60][61][62]
David Birnie WA Murder ×4; aggravated sexual assault; deprivation of liberty 4× strict security life imprisonment 20 years 36 February & March 1987 [59] Deceased; died by suicide in October 2005
Dante Arthurs WA Murder, unlawful detention Life imprisonment 13 years 23 November 2007 [63] Arthurs was refused parole in 2019[64]
‘F’ (an unidentified child) WA Wilful murder Life imprisonment 12 years 16 (15 at time of offence) August 1992 [65] ‘F’ was released from prison in 2014 after serving 22 years, with a subsequent parole term of five years [66]
Douglas Crabbe NT Murder ×5 5× Life imprisonment 30 years* 38 October 1985 *Changes to NT sentencing laws resulted in a non-parole period being set in December 2004. Crabbe was transferred to a Western Australian prison in 2005, and despite being parole eligible from 2013, successive Attorney Generals have indicated they will not approve his release[67]
Bradley Murdoch NT Murder; deprivation of liberty; aggravated unlawful assault Life imprisonment 28 years 47 December 2005 [68]
Evelyn Namatjira NT Murder Life imprisonment 15 years 46 December 2012 [69]
Ben William McLean NT Murder ×2 2× life imprisonment 25 years 20 May 2005 [70]
Phu Ngoc Trinh NT Murder ×2 2× life imprisonment 25 years 19 May 2005 [70]
James O'Neill Tasmania Murder Life imprisonment undetermined* 28 Convicted November 1975 [71][72][73] *O'Neill was denied parole after applications in 1991 and 2005. He is now Tasmania's longest serving prisoner[74] See also: Disappearance of the Beaumont children

Without the possibility of parole

In the most extreme cases, the sentencing judge will refuse to fix a non-parole period, which means that the prisoner will spend the rest of their life in prison. Notable prisoners serving at least one sentence of life imprisonment without the possibility of parole include:

Name State Conviction Sentence Age at sentence Date of sentence Notes
Lian Bin (Robert) Xie NSW Murder ×5 5× life imprisonment 53 February 2017 [75]
Vincent Stanford NSW Murder; aggravated sexual assault Life imprisonment plus 15 years 26 October 2016 [76]
Roger Dean NSW Murder ×11; recklessly causing grievous bodily harm ×8; larceny as a clerk ×2 11× life imprisonment plus 21 years 37 August 2013 [77]
Bronson Blessington NSW Murder; abduction; rape; robbery ×2 Life imprisonment plus 25 years* 16; 14 at time of offending September 1990 *When sentencing, the trial judge recommended Blessington never be released.[78] While this order had no legally binding effect at that time, legislative changes passed through New South Wales parliament since have effectively extinguished any possibility of Blessington receiving a determinate sentence or release on parole.[79] This is despite Australia being signatory to the Convention on the Rights of the Child, which explicitly prohibits imprisonment without the possibility of release as a punishment for children.[80]
Matthew Elliott NSW Murder; abduction; rape ×2; robbery ×2 Life imprisonment plus 25 years* 18; 16 at time of offending September 1990 *When sentencing, the trial judge recommended Elliott never be released.[78] While this order had no legally binding effect at that time, legislative changes passed through New South Wales parliament since have effectively extinguished any possibility of Elliott receiving a determinate sentence or release on parole.[79] This is despite Australia being signatory to the Convention on the Rights of the Child, which explicitly prohibits imprisonment without the possibility of release as a punishment for children.[80]
Phuong Ngo NSW Murder Life imprisonment 43 November 2001 [81]
Glen McNamara NSW Murder; supplying of a prohibited drug in an amount not less than a large commercial quantity Life imprisonment plus 12 years 57 September 2016 [82]
Roger Rogerson NSW Murder; supplying of a prohibited drug in an amount not less than a large commercial quantity Life imprisonment plus 12 years 75 September 2016 [82]
Mark Valera NSW Murder ×2 2× life imprisonment 21 December 2000 [83]
Sef Gonzales NSW Murder ×3 3× life imprisonment 24 September 2004 [84]
Andrew Garforth NSW Murder Life imprisonment plus 30 years 29 July 1993 [85]
Crespin Adanguidi NSW Murder ×3 3× life imprisonment 27 June 2005 [86]
Ramzi Aouad NSW Murder ×2 2× life imprisonment 25 November 2006 *Originally sentenced to three terms of life without parole, for three murders;[87] successfully appealed against one murder conviction in April 2011[88]
Allan Baker NSW Murder; conspiracy to murder; malicious wounding with intent to prevent lawful apprehension ×2 Life imprisonment plus 55 years hard labour 26 June 1974 [89]
Kevin Crump NSW Murder; conspiracy to murder; malicious wounding with intent to prevent lawful apprehension ×2 Life imprisonment plus 55 years hard labour 25 June 1974 Reduced to one term of life without parole plus 55 years on appeal in 1997[89]
John Travers NSW Murder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a car Life imprisonment plus 50 years 20 July 1987 [90]
Michael Murphy NSW Murder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a car Life imprisonment plus 50 years 34 July 1987 Deceased; died February 2019[90]
Gary Murphy NSW Murder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a car Life imprisonment plus 50 years 29 July 1987 [90]
Leslie Murphy NSW Murder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a car Life imprisonment plus 48 years 23 July 1987 [90]
Michael Murdoch NSW Murder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a car Life imprisonment plus 50 years 20 July 1987 [90]
Malcolm Baker NSW Murder ×6 6× life imprisonment 45 August 1993 [91]
Samuel Boyd NSW Murder ×4; wounding with intent to murder 4× life imprisonment plus 25 years 29 January 1985 The life sentence for the conviction of wounding with intent to murder was reduced to 25 years on appeal in 1994[citation needed][92]
John Cribb NSW Murder ×3; rape ×3; kidnapping ×2; false imprisonment ×2; armed robbery ×9; escaping lawful custody 3× life imprisonment plus 45 years 28 May 1979 Deceased; died February 2018[93]
Adnan Darwiche NSW Murder ×2; attempted murder; discharging a firearm with intent to do grievous bodily harm 2× life imprisonment plus 26 years 30 November 2006 [94]
John Glover NSW Murder ×6; attempted murder; robbery with wounding; robbery; indecent assault ×4; assault 6× Life imprisonment 58 November 1990 Deceased; died by suicide September 2005[95]
Matthew Harris NSW Murder ×3; armed robbery 2× life imprisonment plus 40 years 31 December 1999* *Originally sentenced to 40 years for each count of murder and 3 years for armed robbery with a non-parole period of 25 years; sentence increased on appeal in December 2000:[96]
Michael Kanaan NSW Murder ×3; malicious wounding with intent to do grievous bodily harm ×4; discharging firearm with intent to prevent lawful apprehension; accessory to the fact after malicious wounding 3× life imprisonment plus 50 years and 4 months 26 October 2001 [97]
Lindsey Rose NSW Murder ×5; robbery ×2; conspiracy to pervert the course of justice; kidnapping; robbery while armed; maliciously destroying property by fire; malicious wounding; larceny; supplying a prohibited drug 5× life imprisonment plus 39 years 43 September 1998 [98]
Naseam El-Zeyat NSW Murder ×2* 2× life imprisonment* 26 November 2006 *Originally sentenced to three terms of Life imprisonment, for three murders;[99] successfully appealed against one murder conviction in April 2011[100]
Ivan Milat NSW Murder ×7; attempted murder; false imprisonment; robbery 7× life imprisonment plus 18 years 51 July 1996 Deceased; died in hospital 27 October 2019[101]
Katherine Knight NSW Murder Life imprisonment 46 November 2001 [102]
Mark Lewis NSW Murder ×2 Life imprisonment plus 18 years 58 June 2000 [103]
Leonard Warwick NSW Murder ×3; exploding an explosive device which destroys or damages a building with intent to murder ×2; placing an explosive substance into a vehicle with intent to murder; maliciously placing an explosive substance near a building with intent to damage the building; maliciously, by an explosion, causing grievous bodily harm ×13 3× life imprisonment plus 100 years 73 September 2020 [104][105]
Julian Knight Victoria Murder ×7; attempted murder ×46 7× life imprisonment, non-parole period 27 years. 21 November 1989
Michael Cardamone Victoria Murder; incitement to murder; breaching a prescribed condition of parole Life imprisonment plus 8 years and three months 50 August 2017 [109]
Leslie Camilleri Victoria Murder ×3 2× life imprisonment plus 28 years 29 April 1999 In December 2013, Camilleri was sentenced to a further 28 years prison for his third murder conviction [110][111]
Ashley Coulston Victoria Murder ×3; armed robbery ×2; false imprisonment ×2; recklessly endangering life ×2; intentionally causing injury; assault; using a firearm to resist arrest 3× life imprisonment plus 7 years 38 September 1995 [112]
Bandali Debs Victoria Murder ×4 4× life imprisonment 49 February 2003 Sentenced to two life sentences in February 2003; a further life sentence in June 2007; and another in February 2012 [113][114][115]
Raymond Edmunds Victoria Murder ×2; rape ×6; attempted rape ×2; indecent assault ×3; assault causing bodily harm ×2; attempt to escape lawful custody and false imprisonment 2× life imprisonment plus 54 years 5 months 42 April 1986 Sentenced to 2× life plus 30 years for two murders and rapes in October 1986;[116] received an additional 12 months for attempted prison escape in 1992, and 23 years and 5 months for further rapes in 2019
Paul Haigh Victoria Murder ×6, armed robbery 6× life imprisonment + 60 years 23 November 1980 Haigh was convicted of the murder of an inmate in 1993 and sentenced to a further term of life imprisonment with a minimum term of 15 years[117]
Peter Dupas Victoria Murder ×3 3× life imprisonment 47 August 2000 First life imprisonment sentence imposed in August 2000; second in August 2004; the third in August 2007[118][119][120]
Robert Lowe Victoria Murder; kidnapping Life imprisonment plus 15 years 57 December 1994 [121]
Stanley Taylor Victoria Murder; intentionally causing serious injury ×2; causing an explosion; burglary; car theft; theft Life imprisonment plus 13 years 50 August 1988 Deceased; died October 2016[122]
John Bunting South Australia Murder ×11 11× life imprisonment 37 October 2003 [123]
Robert Wagner South Australia Murder ×10 10× life imprisonment 31 October 2003 Wagner's application for a non-parole period to be set was denied in May 2019[123][124]
Mark Rust South Australia Murder ×2; rape; assault; gross indecency 2× life imprisonment plus 12 years 39 April 2004 [125]
Rebecca Mahony QLD Attempted murder; rape ×13; indecent treatment of a child under 16 ×6; assault occasioning bodily harm while armed and in company ×3; unlawfully procuring a child under 16 years to commit and indecent act; taking a child for immoral purposes; making child exploitation material; deprivation of liberty; common assault; stupefying in order to commit an indictable offence; torture; unlawfully wounding another 2× life imprisonment plus 80 years 32 December 2011 [126] Mahoney's co-conspirator Andrew Shenfield was initially sentenced to life without parole, but his sentence was reduced to 18 years prison on appeal.


Mahoney also appealed her sentence, but was denied and the original sentence upheld. [127][128][129][additional citation(s) needed]

Barrie Watts QLD Murder, rape, abduction Life imprisonment plus 18 years 37 February 1990 [130]
Anthony Harvey WA Murder ×5 5× life imprisonment 25 July 2019 [131] Harvey is the first person in Western Australia to receive a 'never to be released' order.[132]
Martin Leach NT Murder ×2; rape; assaulting a police officer 3× life imprisonment plus 3 months 25 May 1984 [133]
Andrew Albury NT Murder Life imprisonment 22 July 1984 [134]
William Turner NT Various sexual assaults, including sexual assaults against children Indefinite sentence plus nine years 52 May 2008 [135]
Martin Bryant Tasmania Murder ×35; attempted murder ×20; grievous bodily harm ×3; wounding ×8; aggravated assault ×4; unlawful setting fire to property; arson 35× life imprisonment plus 1,652 years 29 November 1996 [136]
Allen Thompson ACT Murder ×6 6× life imprisonment 24 October 1984 [137][138]
Abuzar Sultani NSW Murder ×3 3× Life imprisonment 32 December 2021 [139]
Siar Munshizada NSW Murder ×3 3× Life imprisonment 33 December 2021 [140]

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External links

    January 07, 2023
    life, imprisonment, australia, life, imprisonment, most, severe, criminal, sentence, available, state, territory, supreme, courts, australia, most, cases, attracting, sentence, murder, also, imposed, albeit, rarely, sexual, assault, manufacturing, trafficking,. Life imprisonment is the most severe criminal sentence available to the State and Territory Supreme Courts in Australia Most cases attracting the sentence are murder It is also imposed albeit rarely for sexual assault manufacturing and trafficking commercial quantities of illicit drugs and offences against the justice system and government security As of 2018 there are 1008 prisoners serving terms of life imprisonment in Australia 1 Contents 1 Offences and minimum terms 1 1 Mandatory life imprisonment 1 2 State and territories 1 3 Commonwealth 2 Notable sentences 2 1 With non parole periods 2 2 Without the possibility of parole 3 References 4 External linksOffences and minimum terms EditMandatory life imprisonment Edit The death penalty in Australia fell into disuse in 1967 and between then and 1985 each jurisdiction abolished it and in most cases replaced it with mandatory life imprisonment Mandatory life imprisonment was subsequently abolished in New South Wales in 1982 2 Victoria in 1986 2 Tasmania in 1995 2 and Western Australia in 2008 3 though it was reintroduced in New South Wales in 2011 for the murder of a police officer 4 5 When the death penalty was abolished in the Australian Capital Territory in 1973 there were no offences subject to mandatory life imprisonment 2 Even so life imprisonment can be imposed Life imprisonment remains mandatory for murder in South Australia the Northern Territory and Queensland State and territories Edit The criminal law and prisons are primarily administered by state and territory governments within Australia s federal system As such there is considerable divergence of which offences can attract life sentences across Australia The minimum non parole period on a life sentence varies between jurisdictions and between different crimes attracting the penalty A life sentence in Western Australia for a crime other than murder attracts a minimum non parole period of seven years while the equivalent term in Queensland is 15 years For murder the minimum non parole period on a life sentence in Australian Capital Territory is 10 years as it is in Western Australia except when committed during an aggravated home burglary in which case it is 15 years In South Australia Queensland and Northern Territory the minimum non parole period for a life sentence resulting from a murder conviction is 20 years Though in Queensland if the victim is known by the offender to be a police officer the minimum non parole period is 25 years in the case of multiple murder victims or where the offender has a prior murder conviction the minimum non parole period is 30 years 6 In Northern Territory exceptional circumstances can lessen the minimum 20 year non parole period but conversely the minimum non parole for murder in circumstances of aggravation is 25 years In South Australia a guilty plea discount can remove 25 of the mandatory 20 year non parole period 7 The minimum non parole term for a life sentence in Victoria is 30 years unless a court considers it not in the interest of justice to set such a term 8 New South Wales is the only Australian state or territory to provide for a mandatory life without parole sentence specifically for the offence of murder where the victim was known to be or ought reasonably to have been known to be a police officer 9 Following a string of high profile coward punch related deaths in 2014 the Queensland government created a new offence of unlawful striking causing death the maximum penalty for which is life imprisonment 10 The Criminal Code of Queensland 11 Western Australia 12 and Northern Territory 13 provide for life imprisonment for aircraft hijacking aiding a suicide terrorism and for perjuring to procure a conviction of an offence punishable by life imprisonment The Criminal Code of the Northern Territory also provides for life imprisonment for terrorism and aircraft hijacking as well as for most other serious violent offences The Criminal Code of Queensland provides life imprisonment as a mandatory punishment for repeat child sex offences which cannot be mitigated or varied under any law Every state and territory except Tasmania provides for life imprisonment for some drug offences though Tasmanians remain subject to Commonwealth law which allows for life imprisonment for some drug offences Primarily these offences are manufacturing trafficking or cultivating commercial quantities of controlled drugs and procuring children to do so and in Queensland supplying any quantity of particular drugs to children under 16 Child sexual abuse offences can attract a life sentence in New South Wales Queensland South Australia and the Northern Territory In Queensland if child sexual abuse was committed by a repeat offender a life sentence is mandatory and cannot be mitigated or varied under any law Other offences capable of attracting a sentence of life imprisonment sentence are rape arson incest riot under aggravated circumstances piracy and destroying sea walls Queensland and treason Tasmania In Queensland the law also provides a maximum punishment of life imprisonment for aircraft hijacking burglary or unlawful entry into a dwelling under aggravated circumstances or by means of a break armed robbery violent robbery attempt to commit armed robbery attempt to commit violent robbery conspiracy to bring false accusation against another where an innocent person is convicted and punished with life imprisonment for a crime he or she did not commit rape aggravated sexual assault manslaughter attempted murder stupefying poisoning or drugging with the intent to commit another indictable offence disabling with intent to commit an indictable offence choking suffocating or strangulating or rendering or attempted to render any person incapable of resistance and most other serious violent offences The Australian Capital Territory 14 and Victoria 15 16 are the only Australian jurisdictions to explicitly prohibit the imposition of life sentences on children Prisoners serving life sentences in Australia 2018 1 Most serious offenceNumber of prisonersNumber expected to serve total life sentenceHomicide offences951406Illicit drug offences194Offences against justice procedures government security operations1716Sexual assault offences77Miscellaneous offences30Total1008438Commonwealth Edit Under Commonwealth legislation there are 68 offences that can attract life imprisonment Sixty three such offences are within the Criminal Code Act 1995 17 including the setting or placing of explosive and lethal devices treason treachery and espionage offences terrorist acts as well as preparing or planning terrorist acts and financing terrorism incursions into foreign countries with the intention of engaging in hostile activity and related preparatory conduct including accumulating weapons providing or participating in training giving or receiving goods and services and allowing use of buildings and vehicles to support such offences Further offences in the Criminal Code that allow for life imprisonment include crimes against humanity genocide war crimes the murder of UN personnel and various drug offences including manufacturing trafficking importing and exporting of commercial quantities controlled drugs and plants cultivating commercial quantities of controlled plants and procuring children to facilitate similar drug offences The Crimes Aviation Act 1991 18 provides for life imprisonment for hijacking offences destruction of aircraft with intent to kill and prejudicing safe operation of an aircraft with intention to kill and the Crimes Act 1914 provides for life imprisonment for piracy 19 Notable sentences EditWith non parole periods Edit The longest overall non parole period for a single murder is 45 years and six months being served by Michael Barry Fyfe South Australia who stabbed fellow inmate Trevor Tilley in the kitchen of Yatala Prison in January 1995 while serving a 17 1 2 year sentence for other crimes The longest non parole period imposed for a single murder is 35 years being served by Melbourne CBD gunman Christopher Wayne Hudson Victoria 20 The longest non parole period imposed on a woman is 32 years being served by South Australian Angelika Gavare who murdered and dismembered pensioner Vonne McGlynn in November 2008 for financial gain 21 and Victorian Cai Xia Liao who repeatedly stabbed Mai Mach and her four year old grandson Alistair Kwong with gardening shears in a vicious attack 22 Notable prisoners serving at least one life imprisonment with specified non parole period Name State Convictions Sentence Non parole period Age at sentence Date of sentence NotesJaymes Todd Victoria Murder rape attempted rape sexual assault Life Imprisonment 35 years 20 September 2019 23 Adrian Ernest Bayley Victoria Murder rape Life Imprisonment 35 years 41 June 2013 24 Garry Francis Newman SA Murder Life Imprisonment 29 years 50 April 2010Ernest Fisher WA Murder Life Imprisonment 18 years 67 August 2018 25 Brett Peter Cowan QLD Murder indecent treatment of a child under 16 interference with a corpse Life Imprisonment 20 years 44 March 2014 26 27 Sentenced over the murder of Daniel MorcombeDieter Pfennig SA Murder 2 abduction 2 rape 2 life imprisonment 60 years 44 1992 25 years 2016 additional 35 years 28 1994 Truth in sentencing legislation reduced an initial 38 year term to 25 years Pfenning has the longest non parole period of any Australian prisoner he will be 103 before he becomes eligible for parole Michael Fyfe SA Murder attempted murder causing grievous bodily harm causing death by dangerous driving assaulting a police officer 2 several assaults assault occasioning actual bodily harm Life imprisonment 45 years and 6 months In custody since age 25 29 In custody since May 1987 29 30 Fyfe s total non parole period is the longest of any Australian prisoner convicted of a single murder Angelika Gavare SA Murder Life imprisonment 32 years 35 November 2011 31 32 Gavare s non parole period is equal with Cai Xia Liao the longest imposed on a female by any Australian court James Miller SA Murder 6 6 life imprisonment 35 years 40 March 1980 Deceased died of cancer in October 2008 Miller applied for a non parole period to be determined in 1999 which was approved and imposed in February 2000 33 James Gargasoulas Victoria Murder 6 reckless conduct endangering life 27 6 life imprisonment 46 years 27 February 2019 34 Gargasoulas received the longest non parole period resulting from a single trial of any Australian prisoner Carl Williams Victoria Murder 3 conspiracy to murder 3 life imprisonment 35 years 36 May 2007 35 Deceased killed in prison April 2010Keith Faure Victoria Murder 2 2 life imprisonment 19 years 54 May 2006 36 Malcolm Clarke Victoria Murder Life imprisonment 25 years 49 December 2004 37 Nicola Spina Victoria Murder2 false imprisonment 2 life imprisonment 25 years 54 August 2003 38 Deceased died in prison in 2011 of a heart attackJohn Sharpe Victoria Murder 2 2 Life imprisonment 33 years 38 August 2005 39 Brent Quarry Victoria Murder causing injury intentionally causing injury recklessly Life imprisonment 24 years 32 February 2004 40 Michael Lane Victoria Murder Life imprisonment 24 years 48 June 2003 41 Gregory Brazel Victoria Murder Life imprisonment 27 years 48 March 2003 42 Lloyd Crosbie Victoria Murder 2 2 life imprisonment 30 years 20 March 2003 43 Andrew Norrie Victoria Murder Life imprisonment 14 years and 6 months 39 December 2001 44 Peter Knight Victoria Murder Life imprisonment 23 years 48 November 2002 45 John Horrocks Victoria Murder attempted murder conduct endangering life Life imprisonment 23 years 39 October 2000 46 Truong Phuc Victoria Murder kidnapping Life imprisonment 23 years and 8 months 40 June 2000 47 Dean Williamson Victoria Murder Life imprisonment 24 years 30 March 2000 48 Deceased died by suicide in 2000 at Barwon PrisonRobert Parsons Victoria Murder Life imprisonment 25 years 55 May 1999 49 Manuel Adajian Victoria Murder 2 attempted murder armed robbery 2 life imprisonment 25 years 42 May 1998 50 51 Lindsay Beckett Victoria Murder 2 2 life imprisonment 35 years 24 August 1998 52 53 Christopher Hudson Victoria Murder attempted murder 2 intentionally causing serious injury Life imprisonment 35 years 30 September 2008 54 Hudson received the longest non parole period for a single murder of any Australian prisoner Cai Xia Liao Victoria Murder 2 intentionally causing injury false imprisonment Life imprisonment 32 years 45 December 2015 55 Liao s non parole period is equal with Angelika Gavare the longest imposed on a female by any Australian courtMassimo Sica QLD Murder 3 3 life imprisonment 35 years 42 July 2012 56 Valmae Beck QLD Murder rape Life imprisonment 14 years and 6 months 44 1988 Deceased died of heart failure May 2008Tracey Wigginton QLD Murder Life imprisonment 13 years 25 January 1991 Wigginton was released on parole in January 2012 57 Jessica Stasinowsky WA Wilful murder Strict security life imprisonment 24 years 21 March 2008 58 Valerie Parashumti WA Wilful murder Strict security life imprisonment 24 years 19 March 2008 58 Catherine Birnie WA Murder 4 aggravated sexual assault deprivation of liberty 4 strict security life imprisonment 20 years 35 March 1987 59 Though becoming parole eligible in 2007 every serving Attorney General since has invariably stated Birnie will be denied parole during their tenure 60 61 62 David Birnie WA Murder 4 aggravated sexual assault deprivation of liberty 4 strict security life imprisonment 20 years 36 February amp March 1987 59 Deceased died by suicide in October 2005Dante Arthurs WA Murder unlawful detention Life imprisonment 13 years 23 November 2007 63 Arthurs was refused parole in 2019 64 F an unidentified child WA Wilful murder Life imprisonment 12 years 16 15 at time of offence August 1992 65 F was released from prison in 2014 after serving 22 years with a subsequent parole term of five years 66 Douglas Crabbe NT Murder 5 5 Life imprisonment 30 years 38 October 1985 Changes to NT sentencing laws resulted in a non parole period being set in December 2004 Crabbe was transferred to a Western Australian prison in 2005 and despite being parole eligible from 2013 successive Attorney Generals have indicated they will not approve his release 67 Bradley Murdoch NT Murder deprivation of liberty aggravated unlawful assault Life imprisonment 28 years 47 December 2005 68 Evelyn Namatjira NT Murder Life imprisonment 15 years 46 December 2012 69 Ben William McLean NT Murder 2 2 life imprisonment 25 years 20 May 2005 70 Phu Ngoc Trinh NT Murder 2 2 life imprisonment 25 years 19 May 2005 70 James O Neill Tasmania Murder Life imprisonment undetermined 28 Convicted November 1975 71 72 73 O Neill was denied parole after applications in 1991 and 2005 He is now Tasmania s longest serving prisoner 74 See also Disappearance of the Beaumont childrenWithout the possibility of parole Edit In the most extreme cases the sentencing judge will refuse to fix a non parole period which means that the prisoner will spend the rest of their life in prison Notable prisoners serving at least one sentence of life imprisonment without the possibility of parole include Name State Conviction Sentence Age at sentence Date of sentence NotesLian Bin Robert Xie NSW Murder 5 5 life imprisonment 53 February 2017 75 Vincent Stanford NSW Murder aggravated sexual assault Life imprisonment plus 15 years 26 October 2016 76 Roger Dean NSW Murder 11 recklessly causing grievous bodily harm 8 larceny as a clerk 2 11 life imprisonment plus 21 years 37 August 2013 77 Bronson Blessington NSW Murder abduction rape robbery 2 Life imprisonment plus 25 years 16 14 at time of offending September 1990 When sentencing the trial judge recommended Blessington never be released 78 While this order had no legally binding effect at that time legislative changes passed through New South Wales parliament since have effectively extinguished any possibility of Blessington receiving a determinate sentence or release on parole 79 This is despite Australia being signatory to the Convention on the Rights of the Child which explicitly prohibits imprisonment without the possibility of release as a punishment for children 80 Matthew Elliott NSW Murder abduction rape 2 robbery 2 Life imprisonment plus 25 years 18 16 at time of offending September 1990 When sentencing the trial judge recommended Elliott never be released 78 While this order had no legally binding effect at that time legislative changes passed through New South Wales parliament since have effectively extinguished any possibility of Elliott receiving a determinate sentence or release on parole 79 This is despite Australia being signatory to the Convention on the Rights of the Child which explicitly prohibits imprisonment without the possibility of release as a punishment for children 80 Phuong Ngo NSW Murder Life imprisonment 43 November 2001 81 Glen McNamara NSW Murder supplying of a prohibited drug in an amount not less than a large commercial quantity Life imprisonment plus 12 years 57 September 2016 82 Roger Rogerson NSW Murder supplying of a prohibited drug in an amount not less than a large commercial quantity Life imprisonment plus 12 years 75 September 2016 82 Mark Valera NSW Murder 2 2 life imprisonment 21 December 2000 83 Sef Gonzales NSW Murder 3 3 life imprisonment 24 September 2004 84 Andrew Garforth NSW Murder Life imprisonment plus 30 years 29 July 1993 85 Crespin Adanguidi NSW Murder 3 3 life imprisonment 27 June 2005 86 Ramzi Aouad NSW Murder 2 2 life imprisonment 25 November 2006 Originally sentenced to three terms of life without parole for three murders 87 successfully appealed against one murder conviction in April 2011 88 Allan Baker NSW Murder conspiracy to murder malicious wounding with intent to prevent lawful apprehension 2 Life imprisonment plus 55 years hard labour 26 June 1974 89 Kevin Crump NSW Murder conspiracy to murder malicious wounding with intent to prevent lawful apprehension 2 Life imprisonment plus 55 years hard labour 25 June 1974 Reduced to one term of life without parole plus 55 years on appeal in 1997 89 John Travers NSW Murder taking with intent to hold for advantage assault robbery wounding inflicting actual bodily harm with the intent to have sexual intercourse stealing a car Life imprisonment plus 50 years 20 July 1987 90 Michael Murphy NSW Murder taking with intent to hold for advantage assault robbery wounding inflicting actual bodily harm with the intent to have sexual intercourse stealing a car Life imprisonment plus 50 years 34 July 1987 Deceased died February 2019 90 Gary Murphy NSW Murder taking with intent to hold for advantage assault robbery wounding inflicting actual bodily harm with the intent to have sexual intercourse stealing a car Life imprisonment plus 50 years 29 July 1987 90 Leslie Murphy NSW Murder taking with intent to hold for advantage assault robbery wounding inflicting actual bodily harm with the intent to have sexual intercourse stealing a car Life imprisonment plus 48 years 23 July 1987 90 Michael Murdoch NSW Murder taking with intent to hold for advantage assault robbery wounding inflicting actual bodily harm with the intent to have sexual intercourse stealing a car Life imprisonment plus 50 years 20 July 1987 90 Malcolm Baker NSW Murder 6 6 life imprisonment 45 August 1993 91 Samuel Boyd NSW Murder 4 wounding with intent to murder 4 life imprisonment plus 25 years 29 January 1985 The life sentence for the conviction of wounding with intent to murder was reduced to 25 years on appeal in 1994 citation needed 92 John Cribb NSW Murder 3 rape 3 kidnapping 2 false imprisonment 2 armed robbery 9 escaping lawful custody 3 life imprisonment plus 45 years 28 May 1979 Deceased died February 2018 93 Adnan Darwiche NSW Murder 2 attempted murder discharging a firearm with intent to do grievous bodily harm 2 life imprisonment plus 26 years 30 November 2006 94 John Glover NSW Murder 6 attempted murder robbery with wounding robbery indecent assault 4 assault 6 Life imprisonment 58 November 1990 Deceased died by suicide September 2005 95 Matthew Harris NSW Murder 3 armed robbery 2 life imprisonment plus 40 years 31 December 1999 Originally sentenced to 40 years for each count of murder and 3 years for armed robbery with a non parole period of 25 years sentence increased on appeal in December 2000 96 Michael Kanaan NSW Murder 3 malicious wounding with intent to do grievous bodily harm 4 discharging firearm with intent to prevent lawful apprehension accessory to the fact after malicious wounding 3 life imprisonment plus 50 years and 4 months 26 October 2001 97 Lindsey Rose NSW Murder 5 robbery 2 conspiracy to pervert the course of justice kidnapping robbery while armed maliciously destroying property by fire malicious wounding larceny supplying a prohibited drug 5 life imprisonment plus 39 years 43 September 1998 98 Naseam El Zeyat NSW Murder 2 2 life imprisonment 26 November 2006 Originally sentenced to three terms of Life imprisonment for three murders 99 successfully appealed against one murder conviction in April 2011 100 Ivan Milat NSW Murder 7 attempted murder false imprisonment robbery 7 life imprisonment plus 18 years 51 July 1996 Deceased died in hospital 27 October 2019 101 Katherine Knight NSW Murder Life imprisonment 46 November 2001 102 Mark Lewis NSW Murder 2 Life imprisonment plus 18 years 58 June 2000 103 Leonard Warwick NSW Murder 3 exploding an explosive device which destroys or damages a building with intent to murder 2 placing an explosive substance into a vehicle with intent to murder maliciously placing an explosive substance near a building with intent to damage the building maliciously by an explosion causing grievous bodily harm 13 3 life imprisonment plus 100 years 73 September 2020 104 105 Julian Knight Victoria Murder 7 attempted murder 46 7 life imprisonment non parole period 27 years 21 November 1989 The original sentence included a finite non parole period however with judicial parole guidance this amounted to de facto life imprisonment without parole 106 In 2014 the Parliament of Victoria legislated that Knight could only be granted parole if imminently dying or seriously incapacitated to the extent he could do no physical harm to any person and demonstrably posed no risk to the community The Victorian Charter of Human Rights and Responsibilities was suspended for the purpose of this provision 107 108 See also Hoddle Street massacreMichael Cardamone Victoria Murder incitement to murder breaching a prescribed condition of parole Life imprisonment plus 8 years and three months 50 August 2017 109 Leslie Camilleri Victoria Murder 3 2 life imprisonment plus 28 years 29 April 1999 In December 2013 Camilleri was sentenced to a further 28 years prison for his third murder conviction 110 111 Ashley Coulston Victoria Murder 3 armed robbery 2 false imprisonment 2 recklessly endangering life 2 intentionally causing injury assault using a firearm to resist arrest 3 life imprisonment plus 7 years 38 September 1995 112 Bandali Debs Victoria Murder 4 4 life imprisonment 49 February 2003 Sentenced to two life sentences in February 2003 a further life sentence in June 2007 and another in February 2012 113 114 115 Raymond Edmunds Victoria Murder 2 rape 6 attempted rape 2 indecent assault 3 assault causing bodily harm 2 attempt to escape lawful custody and false imprisonment 2 life imprisonment plus 54 years 5 months 42 April 1986 Sentenced to 2 life plus 30 years for two murders and rapes in October 1986 116 received an additional 12 months for attempted prison escape in 1992 and 23 years and 5 months for further rapes in 2019Paul Haigh Victoria Murder 6 armed robbery 6 life imprisonment 60 years 23 November 1980 Haigh was convicted of the murder of an inmate in 1993 and sentenced to a further term of life imprisonment with a minimum term of 15 years 117 Peter Dupas Victoria Murder 3 3 life imprisonment 47 August 2000 First life imprisonment sentence imposed in August 2000 second in August 2004 the third in August 2007 118 119 120 Robert Lowe Victoria Murder kidnapping Life imprisonment plus 15 years 57 December 1994 121 Stanley Taylor Victoria Murder intentionally causing serious injury 2 causing an explosion burglary car theft theft Life imprisonment plus 13 years 50 August 1988 Deceased died October 2016 122 John Bunting South Australia Murder 11 11 life imprisonment 37 October 2003 123 Robert Wagner South Australia Murder 10 10 life imprisonment 31 October 2003 Wagner s application for a non parole period to be set was denied in May 2019 123 124 Mark Rust South Australia Murder 2 rape assault gross indecency 2 life imprisonment plus 12 years 39 April 2004 125 Rebecca Mahony QLD Attempted murder rape 13 indecent treatment of a child under 16 6 assault occasioning bodily harm while armed and in company 3 unlawfully procuring a child under 16 years to 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2021External links EditLife imprisonment in Australia before 1986 Retrieved from https en wikipedia org w index php title Life imprisonment in Australia amp oldid 1129202204, wikipedia, wiki, book, books, library,

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