Sentence of punishment of penal

Thinking Outside the Cell Defined Terms Baker's Dozen Problems Articles & Reports - Bibliography

Lifers or Life Without Parole refers to the Sentence of punishment of penal servitude for the term of an offender’s natural life as the maximum sentence for the crime of murder under the s.19A Crimes Act, 1900

In the period shortly before the 1989 legislative reforms to Sentencing, the average ‘life’ sentence was between 11-14 years in jail. In the run up to the 1988 elections, the then Coalition promised to restore ‘truth’ in sentencing. They carefully chose the Anita Corby case, to highlight the fact that her killers had received ‘life sentences’, but there was the prospect of release after serving that period of time under the existing system.

This resulted in significant legislative changes in 1989 and 1990 in the Sentencing of offenders in NSW. These changes included the creation of the punishment of penal servitude for the term of an offender’s natural life as the maximum sentence for the crime of murder under the s.19A Crimes Act, 1900. This sentence denies the prisoner any prospect of parole and release back into the community. However when s.19A was initiated, there were no detailed legislative criteria for the circumstances in which it would be appropriate to impose a ‘natural life’ sentence. It was left entirely to the discretion of the judiciary.

A speech from the Attorney General contained reference to the "very worst and most serious and heinous examples of this crime" but did not provide a specific prescription that these were the cases. After intense scrutiny and a report from the Standing Committee on Law and Justice, the Crimes Amendment (Mandatory Life Sentences) Act, 1996 commenced operation on 30 June 1996. This amendment Act inserted a new s.431B into the Crimes Act legislatively prescribing that a natural life sentence be imposed in particular cases of murder (See s.431B(1) Crimes Act, 1900).