Life imprisonment in Australia
Introduction Life imprisonment is the most severe criminal sentence available to the 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 2022, there are 418 prisoners in Australia serving a life sentence.
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, Victoria in 1986, Tasmania in 1995, and Western Australia in 2008, though it was reintroduced in  New South Wales in 2011 for the murder of a police officer.When the death penalty was abolished in the Australian Capital Territory in 1973, there were no offences subject to mandatory life imprisonment; 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 the 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 the Northern Territory, the minimum non-parole period for a life sentence for an offender convicted of murder is 20 years. In Queensland, if the offender has been convicted of the murder of a police officer, the minimum non-parole period is 25 years, and in the case of multiple/serial murder  or where the offender has a prior conviction for murder, the minimum non-parole period is 30 years. In the Northern Territory, exceptional circumstances can reduce 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 reduce up to 25% of the minimum non-parole period of 20 years. 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.New South Wales is the only Australian state or territory to provide for a mandatory life without parole sentence, specifically where the offender has been convicted of the murder of a police officer.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.The Criminal Code of Queensland, Western Australia and the Northern Territory also 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.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 also 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 and Victoria are the only Australian jurisdictions to explicitly prohibit the imposition of life imprisonment without parole on children. ===Commonwealth===Under Commonwealth legislation, there are 68 offences that can attract life imprisonment.Sixty three such offences are within the Criminal Code Act 1995, 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 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.
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 -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). 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, 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.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 ToddVictoriaMurder; rape; attempted rape; sexual assaultLife Imprisonment35 years20September 2019Adrian Ernest BayleyVictoriaMurder; rapeLife Imprisonment35 years41June 2013Garry Francis NewmanSAMurderLife Imprisonment29 years50April 2010Ernest FisherWAMurderLife Imprisonment18 years67August 2018Brett Peter CowanQLDMurder; indecent treatment of a child under 16; interference with a corpseLife Imprisonment20 years44March 2014 Sentenced over the murder of Daniel Morcombe Dieter Pfennig SA Murder ×2; abduction ×2; rape 2× life imprisonment 60 years 441992: 25* years; 2016: additional 35 years  *1994 ‘Truth in sentencing’ legislation reduced an initial 38 year non-parole period 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; escape lawful custody Life imprisonment 45 years and 6 months In custody since age 25  In custody since May 1987  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  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.James Gargasoulas Victoria Murder ×6; reckless conduct endangering life ×27 6× life imprisonment 46 years 27 February 2019  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  Deceased; killed in prison April 2010 Keith Faure Victoria Murder ×2 2× life imprisonment 19 years 54 May 2006  Malcolm Clarke Victoria Murder Life imprisonment 25 years 49 December 2004  Nicola Spina Victoria Murder2; false imprisonment 2× life imprisonment 25 years 54 August 2003  Deceased, died in prison in 2011 of a heart attack John Sharpe Victoria Murder ×2 2× Life imprisonment 33 years 38 August 2005  Brent Quarry Victoria Murder; causing injury intentionally; causing injury recklessly Life imprisonment 24 years 32 February 2004  Michael Lane Victoria Murder Life imprisonment 24 years 48 June 2003  Gregory Brazel Victoria Murder Life imprisonment 27 years 48 March 2003  * Lloyd Crosbie Victoria Murder ×2 2× life imprisonment 30 years 20 March 2003  Andrew Norrie Victoria Murder Life imprisonment 14 years and 6 months 39 December 2001  Peter Knight Victoria Murder Life imprisonment 23 years 48 November 2002  John Horrocks Victoria Murder; attempted murder, conduct endangering life Life imprisonment 23 years 39 October 2000  Truong Phuc Victoria Murder; kidnapping Life imprisonment 23 years and 8 months 40 June 2000  Dean Williamson Victoria Murder  Life imprisonment 24 years 30 March 2000  Deceased; died by suicide in 2000 at Barwon Prison Robert Parsons Victoria Murder Life imprisonment 25 years 55 May 1999  Manuel Adajian Victoria Murder ×2; attempted murder; armed robbery 2× life imprisonment 25 years 42 May 1998  Lindsay Beckett Victoria Murder ×2 2× life imprisonment 35 years 24 August 1998   Christopher Hudson Victoria Murder; attempted murder ×2; intentionally causing serious injury Life imprisonment 35 years 30 September 2008  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  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  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 Jessica Stasinowsky WA Wilful murder Strict security life imprisonment 24 years 21 March 2008  Valerie Parashumti WA Wilful murder Strict security life imprisonment 24 years 19 March 2008  Catherine Birnie WA Murder ×4; aggravated sexual assault; deprivation of liberty 4× strict security life imprisonment 20 years 35 March 1987  *Though becoming parole eligible in 2007, every serving Attorney General since has invariably stated Birnie will be denied parole during their tenure. David Birnie WA Murder ×4; aggravated sexual assault; deprivation of liberty 4× strict security life imprisonment 20 years 36 February & March 1987  Deceased; died by suicide in October 2005 Dante Arthurs WA Murder, unlawful detention Life imprisonment 13 years 23 November 2007  Arthurs was refused parole in 2019 ‘F’ (an unidentified child) WA Wilful murder Life imprisonment 12 years 16 (15 at time of offence) August 1992  ‘F’ was released from prison in 2014 after serving 22 years, with a subsequent parole term of five years  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 Bradley Murdoch NT Murder; deprivation of liberty; aggravated unlawful assault Life imprisonment 28 years 47 December 2005  Evelyn Namatjira NT Murder Life imprisonment 15 years 46 December 2012  Ben William McLean NT Murder ×2 2× life imprisonment 25 years 20 May 2005  Phu Ngoc Trinh NT Murder ×2 2× life imprisonment 25 years 19 May 2005  James O'Neill Tasmania Murder Life imprisonment undetermined* 28 Convicted November 1975  *O'Neill was denied parole after applications in 1991 and 2005.He is now Tasmania's longest serving prisoner 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 NotesLian Bin (Robert) XieNSWMurder ×55× life imprisonment53February 2017Vincent StanfordNSWMurder; aggravated sexual assaultLife imprisonment plus 15 years26October 2016Roger DeanNSWMurder ×11; recklessly causing grievous bodily harm ×8; larceny as a clerk ×211× life imprisonment plus 21 years37August 2013 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. 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. 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. 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. 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. 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. Phuong Ngo NSW Murder Life imprisonment  43 November 2001  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  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  Mark Valera NSW Murder ×2 2× life imprisonment 21 December 2000  Sef Gonzales NSW Murder ×3 3× life imprisonment 24 September 2004  Andrew Garforth NSW Murder Life imprisonment plus 30 years 29 July 1993  Crespin Adanguidi NSW Murder ×3 3× life imprisonment 27 June 2005  Ramzi Aouad NSW Murder ×2 2× life imprisonment 25 November 2006 *Originally sentenced to three terms of life without parole, for three murders; successfully appealed against one murder conviction in April 2011 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  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 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  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 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  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  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  Malcolm Baker NSW Murder ×6 6× life imprisonment 45 August 1993   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 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 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  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 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: 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  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  Naseam El-Zeyat NSW Murder ×2* 2× life imprisonment* 26 November 2006 *Originally sentenced to three terms of Life imprisonment, for three murders; successfully appealed against one murder conviction in April 2011 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 Katherine Knight NSW Murder Life imprisonment 46 November 2001  Mark Lewis NSW Murder ×2 Life imprisonment plus 18 years 58 June 2000  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  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. * 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. * See also: Hoddle Street massacre Michael Cardamone Victoria Murder; incitement to murder; breaching a prescribed condition of parole Life imprisonment plus 8 years and three months 50 August 2017  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  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  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  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; 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 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 Robert Lowe Victoria Murder; kidnapping Life imprisonment plus 15 years 57 December 1994  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 John Bunting South Australia Murder ×11 11× life imprisonment 37 October 2003  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 Mark Rust South Australia Murder ×2; rape; assault; gross indecency 2× life imprisonment plus 12 years 39 April 2004  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  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. Barrie Watts QLD Murder, rape, abduction Life imprisonment plus 18 years 37 February 1990  Dennis Sore QLD Murder Life imprisonment 43 February 2023  Anthony Harvey WA Murder ×5 5× life imprisonment 25 July 2019  Harvey is the first person in Western Australia to receive a 'never to be released' order. Benjamin Hoffmann NT Murder ×3; manslaughter; recklessly endangering life ×3; threatening to kill; drug possession 3× life imprisonment plus 15 years 48 October 2022  Martin Leach NT Murder ×2; rape; assaulting a police officer 3× life imprisonment plus 3 months 25 May 1984  Andrew Albury NT Murder Life imprisonment 22 July 1984  William Turner NT Various sexual assaults, including sexual assaults against children Indefinite sentence plus nine years 52 May 2008  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  Allen Thompson ACT Murder ×6 6× life imprisonment 24 October 1984  Abuzar Sultani NSW Murder ×3 3× Life imprisonment 32 December 2021 Siar Munshizada NSW Murder ×3 3× Life imprisonment 33 December 2021
References
External links *  Life imprisonment in Australia before 1986