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Life imprisonment in Australia

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.[1]

Offences and minimum terms

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Mandatory life imprisonment

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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

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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.[6] 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. [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 where the offender has been convicted of the murder of 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 the Northern Territory[13] 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 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 imprisonment without parole on children.

Prisoners serving life sentences in Australia (2022)[17]
Most serious offenceNumber of prisoners
Homicide offences392
Sexual assault offences17
Illicit drug offences3
Offences against justice3
Total418

Commonwealth

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

Sixty three such offences are within the Criminal Code Act 1995,[18] 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 of controlled drugs and plants, cultivating commercial quantities of controlled plants, and procuring children to facilitate similar drug offences.

The Crimes (Aviation) Act 1991[19] 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.[20]

Notable sentences

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With non-parole periods

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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).[21]

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,[22] 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.[23]

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

NameStateConvictionsSentenceNon-parole periodAge at sentenceDate of sentenceNotes
Jaymes ToddVictoriaMurder; rape; attempted rape; sexual assaultLife Imprisonment35 years20September 2019[24]
Adrian Ernest BayleyVictoriaMurder; rapeLife Imprisonment35 years41June 2013[25]
Garry Francis NewmanSAMurderLife Imprisonment29 years50April 2010
Ernest FisherWAMurderLife Imprisonment18 years67August 2018[26]
Brett Peter CowanQLDMurder; indecent treatment of a child under 16; interference with a corpseLife Imprisonment20 years44March 2014[27][28] Sentenced over the murder of Daniel Morcombe
Dieter PfennigSAMurder ×2; abduction ×2; rape2× life imprisonment60 years441992: 25* years; 2016: additional 35 years[29] *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 FyfeSAMurder; 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 custodyLife imprisonment45 years and 6 monthsIn custody since age 25 [30]In custody since May 1987[30][31] Fyfe's total non-parole period is the longest of any Australian prisoner convicted of a single murder.
Angelika GavareSAMurderLife imprisonment32 years35November 2011[32][33] Gavare's non-parole period is, equal with Cai Xia Liao, the longest imposed on a female by any Australian court.
James MillerSAMurder ×66× life imprisonment35 years*40March 1980Deceased; 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.[34]
James GargasoulasVictoriaMurder ×6; reckless conduct endangering life ×276× life imprisonment46 years27February 2019[35] Gargasoulas received the longest non-parole period resulting from a single trial of any Australian prisoner.
Carl WilliamsVictoriaMurder ×3; conspiracy to murder3× life imprisonment35 years36May 2007[36] Deceased; killed in prison April 2010
Keith FaureVictoriaMurder ×22× life imprisonment19 years54May 2006[37]
Malcolm ClarkeVictoriaMurderLife imprisonment25 years49December 2004[38]
Nicola SpinaVictoriaMurder2; false imprisonment2× life imprisonment25 years54August 2003[39] Deceased, died in prison in 2011 of a heart attack
John SharpeVictoriaMurder ×22× Life imprisonment33 years38August 2005[40]
Brent QuarryVictoriaMurder; causing injury intentionally; causing injury recklesslyLife imprisonment24 years32February 2004[41]
Michael LaneVictoriaMurderLife imprisonment24 years48June 2003[42]
Gregory BrazelVictoriaMurderLife imprisonment27 years48March 2003[43] *
Lloyd CrosbieVictoriaMurder ×22× life imprisonment30 years20March 2003[44]
Andrew NorrieVictoriaMurderLife imprisonment14 years and 6 months39December 2001[45]
Peter KnightVictoriaMurderLife imprisonment23 years48November 2002[46]
John HorrocksVictoriaMurder; attempted murder, conduct endangering lifeLife imprisonment23 years39October 2000[47]
Truong PhucVictoriaMurder; kidnappingLife imprisonment23 years and 8 months40June 2000[48]
Dean WilliamsonVictoriaMurderLife imprisonment24 years30March 2000[49] Deceased; died by suicide in 2000 at Barwon Prison
Robert ParsonsVictoriaMurderLife imprisonment25 years55May 1999[50]
Manuel AdajianVictoriaMurder ×2; attempted murder; armed robbery2× life imprisonment25 years42May 1998[51][52]
Lindsay BeckettVictoriaMurder ×22× life imprisonment35 years24August 1998[53][54]
Christopher HudsonVictoriaMurder; attempted murder ×2; intentionally causing serious injuryLife imprisonment35 years30September 2008[55] Hudson received the longest non-parole period for a single murder of any Australian prisoner.
Cai Xia LiaoVictoriaMurder ×2; intentionally causing injury; false imprisonmentLife imprisonment32 years45December 2015[56] Liao's non-parole period is, equal with Angelika Gavare, the longest imposed on a female by any Australian court
Massimo SicaQLDMurder ×33× life imprisonment35 years42July 2012[57]
Valmae BeckQLDMurder; rapeLife imprisonment14 years and 6 months441988Deceased, died of heart failure May 2008
Tracey WiggintonQLDMurderLife imprisonment13 years25January 1991Wigginton was released on parole in January 2012[58]
Jessica StasinowskyWAWilful murderStrict security life imprisonment24 years21March 2008[59]
Valerie ParashumtiWAWilful murderStrict security life imprisonment24 years19March 2008[59]
Catherine BirnieWAMurder ×4; aggravated sexual assault; deprivation of liberty4× strict security life imprisonment20 years35March 1987[60] *Though becoming parole eligible in 2007, every serving Attorney General since has invariably stated Birnie will be denied parole during their tenure.[61][62][63]
David BirnieWAMurder ×4; aggravated sexual assault; deprivation of liberty4× strict security life imprisonment20 years36February & March 1987[60] Deceased; died by suicide in October 2005
Dante ArthursWAMurder, unlawful detentionLife imprisonment13 years23November 2007[64] Arthurs was refused parole in 2019[65]
‘F’ (an unidentified child)WAWilful murderLife imprisonment12 years16 (15 at time of offence)August 1992[66] ‘F’ was released from prison in 2014 after serving 22 years, with a subsequent parole term of five years [67]
Douglas CrabbeNTMurder ×55× Life imprisonment30 years*38October 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[68]
Bradley MurdochNTMurder; deprivation of liberty; aggravated unlawful assaultLife imprisonment28 years47December 2005[69]
Evelyn NamatjiraNTMurderLife imprisonment15 years46December 2012[70]
Ben William McLeanNTMurder ×22× life imprisonment25 years20May 2005[71]
Phu Ngoc TrinhNTMurder ×22× life imprisonment25 years19May 2005[71]
James O'NeillTasmaniaMurderLife imprisonmentundetermined*28Convicted November 1975[72][73][74] *O'Neill was denied parole after applications in 1991 and 2005. He is now Tasmania's longest serving prisoner[75] See also: Disappearance of the Beaumont children

Without the possibility of parole

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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:

NameStateConvictionSentenceAge at sentenceDate of sentenceNotes
Lian Bin (Robert) XieNSWMurder ×55× life imprisonment53February 2017[76]
Vincent StanfordNSWMurder; aggravated sexual assaultLife imprisonment plus 15 years26October 2016[77]
Roger DeanNSWMurder ×11; recklessly causing grievous bodily harm ×8; larceny as a clerk ×211× life imprisonment plus 21 years37August 2013[78]
Bronson BlessingtonNSWMurder; abduction; rape; robbery ×2Life imprisonment plus 25 years*16; 14 at time of offendingSeptember 1990*When sentencing, the trial judge recommended Blessington never be released.[79] 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.[80] 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.[81]
Matthew ElliottNSWMurder; abduction; rape ×2; robbery ×2Life imprisonment plus 25 years*18; 16 at time of offendingSeptember 1990*When sentencing, the trial judge recommended Elliott never be released.[79] 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.[80] 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.[81]
Phuong NgoNSWMurderLife imprisonment43November 2001[82]
Glen McNamaraNSWMurder; supplying of a prohibited drug in an amount not less than a large commercial quantityLife imprisonment plus 12 years57September 2016[83]
Roger RogersonNSWMurder; supplying of a prohibited drug in an amount not less than a large commercial quantityLife imprisonment plus 12 years75September 2016[83]
Mark ValeraNSWMurder ×22× life imprisonment21December 2000[84]
Sef GonzalesNSWMurder ×33× life imprisonment24September 2004[85]
Andrew GarforthNSWMurderLife imprisonment plus 30 years29July 1993[86]
Crespin AdanguidiNSWMurder ×33× life imprisonment27June 2005[87]
Ramzi AouadNSWMurder ×22× life imprisonment25November 2006*Originally sentenced to three terms of life without parole, for three murders;[88] successfully appealed against one murder conviction in April 2011[89]
Allan BakerNSWMurder; conspiracy to murder; malicious wounding with intent to prevent lawful apprehension ×2Life imprisonment plus 55 years hard labour26June 1974[90]
Kevin CrumpNSWMurder; conspiracy to murder; malicious wounding with intent to prevent lawful apprehension ×2Life imprisonment plus 55 years hard labour25June 1974Reduced to one term of life without parole plus 55 years on appeal in 1997[90]
John TraversNSWMurder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a carLife imprisonment plus 50 years20July 1987[91]
Michael MurphyNSWMurder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a carLife imprisonment plus 50 years34July 1987Deceased; died February 2019[91]
Gary MurphyNSWMurder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a carLife imprisonment plus 50 years29July 1987[91]
Leslie MurphyNSWMurder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a carLife imprisonment plus 48 years23July 1987[91]
Michael MurdochNSWMurder; taking with intent to hold for advantage; assault; robbery; wounding; inflicting actual bodily harm with the intent to have sexual intercourse; stealing a carLife imprisonment plus 50 years20July 1987[91]
Malcolm BakerNSWMurder ×66× life imprisonment45August 1993[92]
Samuel BoydNSWMurder ×4; wounding with intent to murder4× life imprisonment plus 25 years29January 1985The life sentence for the conviction of wounding with intent to murder was reduced to 25 years on appeal in 1994[citation needed][93]
John CribbNSWMurder ×3; rape ×3; kidnapping ×2; false imprisonment ×2; armed robbery ×9; escaping lawful custody3× life imprisonment plus 45 years28May 1979Deceased; died February 2018[94]
Adnan DarwicheNSWMurder ×2; attempted murder; discharging a firearm with intent to do grievous bodily harm2× life imprisonment plus 26 years30November 2006[95]
John GloverNSWMurder ×6; attempted murder; robbery with wounding; robbery; indecent assault ×4; assault6× Life imprisonment58November 1990Deceased; died by suicide September 2005[96]
Matthew HarrisNSWMurder ×3; armed robbery2× life imprisonment plus 40 years31December 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:[97]
Michael KanaanNSWMurder ×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 wounding3× life imprisonment plus 50 years and 4 months26October 2001[98]
Lindsey RoseNSWMurder ×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 drug5× life imprisonment plus 39 years43September 1998[99]
Naseam El-ZeyatNSWMurder ×2*2× life imprisonment*26November 2006*Originally sentenced to three terms of Life imprisonment, for three murders;[100] successfully appealed against one murder conviction in April 2011[101]
Ivan MilatNSWMurder ×7; attempted murder; false imprisonment; robbery7× life imprisonment plus 18 years51July 1996Deceased; died in hospital 27 October 2019[102]
Katherine KnightNSWMurderLife imprisonment46November 2001[103]
Mark LewisNSWMurder ×2Life imprisonment plus 18 years58June 2000[104]
Leonard WarwickNSWMurder ×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 ×133× life imprisonment plus 100 years73September 2020[105][106]
Julian KnightVictoriaMurder ×7; attempted murder ×467× life imprisonment, non-parole period 27 years.21November 1989
Michael CardamoneVictoriaMurder; incitement to murder; breaching a prescribed condition of paroleLife imprisonment plus 8 years and three months50August 2017[110]
Leslie CamilleriVictoriaMurder ×32× life imprisonment plus 28 years29April 1999In December 2013, Camilleri was sentenced to a further 28 years prison for his third murder conviction [111][112]
Ashley CoulstonVictoriaMurder ×3; armed robbery ×2; false imprisonment ×2; recklessly endangering life ×2; intentionally causing injury; assault; using a firearm to resist arrest3× life imprisonment plus 7 years38September 1995[113]
Bandali DebsVictoriaMurder ×44× life imprisonment49February 2003Sentenced to two life sentences in February 2003; a further life sentence in June 2007; and another in February 2012 [114][115][116]
Raymond EdmundsVictoriaMurder ×2; rape ×6; attempted rape ×2; indecent assault ×3; assault causing bodily harm ×2; attempt to escape lawful custody and false imprisonment2× life imprisonment plus 54 years 5 months42April 1986Sentenced to 2× life plus 30 years for two murders and rapes in October 1986;[117] received an additional 12 months for attempted prison escape in 1992, and 23 years and 5 months for further rapes in 2019
Paul HaighVictoriaMurder ×6, armed robbery6× life imprisonment + 60 years23November 1980Haigh 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[118]
Peter DupasVictoriaMurder ×33× life imprisonment47August 2000First life imprisonment sentence imposed in August 2000; second in August 2004; the third in August 2007[119][120][121]
Robert LoweVictoriaMurder; kidnappingLife imprisonment plus 15 years57December 1994[122]
Stanley TaylorVictoriaMurder; intentionally causing serious injury ×2; causing an explosion; burglary; car theft; theftLife imprisonment plus 13 years50August 1988Deceased; died October 2016[123]
John BuntingSouth AustraliaMurder ×1111× life imprisonment37October 2003[124]
Robert WagnerSouth AustraliaMurder ×1010× life imprisonment31October 2003Wagner's application for a non-parole period to be set was denied in May 2019[124][125]
Mark RustSouth AustraliaMurder ×2; rape; assault; gross indecency2× life imprisonment plus 12 years39April 2004[126]
Rebecca MahonyQLDAttempted 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 another2× life imprisonment plus 80 years32December 2011[127] 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. [128][129][130][additional citation(s) needed]

Barrie WattsQLDMurder, rape, abductionLife imprisonment plus 18 years37February 1990[131]
Dennis SoreQLDMurderLife imprisonment43February 2023[132]
Anthony HarveyWAMurder ×55× life imprisonment25July 2019[133] Harvey is the first person in Western Australia to receive a 'never to be released' order.[134]
Benjamin HoffmannNTMurder ×3; manslaughter; recklessly endangering life ×3; threatening to kill; drug possession3× life imprisonment plus 15 years48October 2022[135]
Martin LeachNTMurder ×2; rape; assaulting a police officer3× life imprisonment plus 3 months25May 1984[136]
Andrew AlburyNTMurderLife imprisonment22July 1984[137]
William TurnerNTVarious sexual assaults, including sexual assaults against childrenIndefinite sentence plus nine years52May 2008[138]
Martin BryantTasmaniaMurder ×35; attempted murder ×20; grievous bodily harm ×3; wounding ×8; aggravated assault ×4; unlawful setting fire to property; arson35× life imprisonment plus 1,652 years29November 1996[139]
Allen ThompsonACTMurder ×66× life imprisonment24October 1984[140][141]
Abuzar SultaniNSWMurder ×33× Life imprisonment32December 2021[142]
Siar MunshizadaNSWMurder ×33× Life imprisonment33December 2021[143]

See also

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References

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  3. ^ "Law Reform Commission of Western Australia". www.wa.gov.au. 10 February 2023. Retrieved 9 October 2023.
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