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How Long is Lifetime in Prison in Australia
Andrew Byrnes Law Group • Mar 03, 2024
Has someone you know been sentenced to life due to a serious criminal offence? Perhaps you're now wondering how long is a life sentence in Australia? If you find yourself asking these questions, understanding the specific circumstances and legal implications can provide you with clarity during such challenging times. In this blog, we delve into the intricacies of how long is a life sentence in Australia, including the crimes and factors that can be considered when issuing a life sentence. Continue reading to learn more.
How long is a life sentence in Australia?
In Australia, a life sentence is the most severe penalty that can be imposed for certain serious criminal offences. Unlike some jurisdictions where a life sentence may mean imprisonment for the entirety of one's natural life, a life sentence in Australia is typically subject to a minimum non-parole period.
The non-parole period is the minimum amount of time a person must spend in prison before becoming eligible for parole. After serving this minimum period, the offender may apply for parole, however, it is not guaranteed.
In general, the court decides how long the life sentence will be by considering factors such as the severity of the crime, an individual's prior criminal record as well as their mental health status. Life sentences in Australia typically range from 10 years up to 25 years, while for particularly heinous crimes, a life without parole may be imposed.
Does a life sentence mean a life in prison?
In Australia, a life sentence typically implies a lengthy period of imprisonment, but it does not necessarily mean that the offender will spend the rest of their natural life in prison. In some cases, there might be the possibility of parole for prisoners serving life sentences after completing a minimum non-parole period, which can vary based on the severity of the crime and other factors.
Depending on the jurisdiction within Australia, the legal framework surrounding life sentences may vary. Some jurisdictions have adopted "life without parole" provisions for certain offences, while in other cases, a suspended sentence may be imposed to defer immediate imprisonment and provide the offender with an opportunity to remain in the community under specified conditions.
What crimes will get you a life sentence in Australia?
Life imprisonment is exclusively designated for the most heinous crimes or those that seriously threaten the safety of the society. Thus, a person convicted may face a life sentence if found guilty of these criminal offences:
Murder
Under Section 18 of the Crimes Act 1900, an adult can face life imprisonment if he or she is found guilty of murder. It may be influenced by factors such as the degree of premeditation, the presence of aggravating circumstances, and the impact on the victim's family.
A court may impose a life sentence with a minimum non-parole period, during which the offender must serve a specified duration before becoming eligible for parole. In cases involving extreme violence, multiple murders, or other particularly heinous elements, the court may opt for a life imprisonment without parole.
Manslaughter
An individual who causes the death of another person unlawfully but not intended as murder is deemed guilty of manslaughter. The difference between murder and manslaughter is that the latter involves killings that occur without the specific intent to cause death. Murder, in contrast, involves an intentional act to kill or seriously harm, carried out with malice aforethought.
While manslaughter can result from a moment of recklessness or a lack of judgment without the desire to kill, this criminal offence may carry a maximum penalty of life imprisonment, though the severity of the sentence may be influenced by factors such as the level of intent, the presence of aggravating circumstances, and the court's consideration of the specific details of the case during sentencing proceedings.
Aggravated sexual assault
Under Section 61JA of the Crimes Act 1900, an offender may receive a life imprisonment sentence for engaging in sexual intercourse with another person without their consent, while being aware that the other person does not give consent to the activity.
Drug trafficking offences
Under the Criminal Code Act, a person is liable to a life imprisonment term if he or she is found guilty of the following drug offences:
- trafficking commercial quantity of controlled drugs
- cultivating commercial quantity of controlled plants
- selling commercial quantity of controlled plants
Acts intended to cause grievous bodily harm
Under the criminal law, as specified in the Criminal Code Act 1995 (Cth) and corresponding state or territory legislation, criminal offences such as 'causing grievous bodily harm with intent' or 'inflicting serious harm' may be subject to life sentences as a maximum penalty.
What factors are considered when issuing a life sentence?
Depending on the jurisdiction, common factors that are considered include:
Nature of the Offence
The severity and nature of the offence are two factors that significantly influence the sentencing outcome. Among other crimes, heinous crimes are more likely to result in mandatory life sentences. Aggravating factors, including premeditation, the use of weapons, or causing severe harm, may contribute to a determination in favor of imposing a life sentence.
Criminal History
Courts often take into account the individual's history of criminal behavior to determine patterns, recidivism risk, and the potential for rehabilitation. Repeat offenders or individuals with a history of serious crimes may be more likely to receive life sentences. In other cases, parole considerations and post-release opportunities may be served depending on whether a criminal record can be cleared.
Victim Impact Statements
When victims or their families talk about how a crime has affected them, it can also affect the decision about the punishment. These personal stories are important because they help the judge understand not just the rules, but also the real impact of the crime on individuals and their lives in terms of emotional, mental, and long-lasting problems.
Intent and Degree of Participation
The court may also consider whether the defendant acted with intent, malice, or other aggravating motives. If multiple individuals are involved in a crime, the court might look at how much each person was involved to determine their level of responsibility.
Remorse and Rehabilitation Potential
Courts often consider an individual's acknowledgment of wrongdoing, willingness to take responsibility for their actions, and commitment to change as factors indicative of genuine remorse and potential for rehabilitation. Moreover, cooperation with law enforcement or a lack of a significant criminal history may also lead to a lesser sentence.
Public Safety
Protecting the society from dangerous individuals is a significant consideration. If the court believes that a person poses a serious ongoing threat, a life sentence may be imposed.
Takeaway
If you have committed a criminal offence and fear facing a life sentence, it's crucial to seek legal counsel promptly. Speak with an experienced defence lawyer to help you understand your rights, explore potential legal defences, and navigate the legal process to secure the best possible outcome for your case. At Andrew Byrnes Law Group, we provide expert criminal lawyer advice to those who are facing life imprisonment due to serious criminal charges. We are here to defend your rights, no matter the charge. Contact us today to get started.
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