Life imprisonment in Australia


Life imprisonment in Australia is the most severe punishment handed down in the country. It is handed down for serious criminal offences by the State and Territory Supreme Courts in Australia. The vast majority of convictions punished by life imprisonment are for 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, among others.
As of 2018, there are 1008 prisoners serving terms of life imprisonment in Australia.

Offences and minimum terms

Mandatory life imprisonment

As the death penalty in Australia fell into disuse in 1967 and was completely abolished nationwide in 1985, some jurisdictions replaced the death penalty with mandatory life imprisonment. Mandatory life imprisonment has since been abolished in Victoria in 1986, Tasmania in 1995 and Western Australia in 2008.
New South Wales also abolished mandatory life sentences in 1982, however in 2011 the Parliament of New South Wales passed legislation imposing a mandatory life imprisonment without parole sentence for the murder of a police officer.
When the Australian Capital Territory abolished the death penalty in 1973, it was not replaced with mandatory life imprisonment for any offence. Even so, life imprisonment can be and is imposed as a maximum penalty in Australian Capital Territory.
Life imprisonment is mandatory for murder in South Australia, the Northern Territory, and Queensland, as well as aircraft hijacking across Australia under the Crimes Act 1991.

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 7 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 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. In Northern Territory, exceptional circumstances can lessen the minimum 20 year non parole period; conversely the minimum term for murder in circumstances of aggravation is 25 years. The default 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 for the offence of murder where the victim was known to be, or ought reasonably to have been known to be 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 Northern Territory 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 provide for life imprisonment for some drug offences. Primarily these offences are manufacturing, trafficking or cultivating commercial quantities of controlled drugs, 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 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, piracy and destroying sea walls and treason. In Queensland, the law also provides a maximum punishment of life imprisonment for aircraft hijacking, burglary or unlawful entry into a dwelling, 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 with the intent to commit another indictable offence, disabling with intent to commit an indictable offence, and most other serious violent offences.
The Australian Capital Territory and Victoria are the only Australian jurisdictions to explicitly prohibit the imposition of life sentences 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. They include 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.
Further offences in the Criminal Code that allow for life imprisonment include crimes against humanity, 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 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.
The Crimes Act 1914 contains one more offence punishable by life imprisonment: 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, 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. 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:
NameStateConvictionsSentenceNon-parole periodAge at sentenceDate of sentenceNotes
Dieter PfennigSAMurder x 2; abduction x 2; rape2 x life imprisonment60 years441992: 25* years; 2016: additional 35 years*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 FyfeSAMurder; attempted murder; causing grievous bodily harm; causing death by dangerous driving; assaulting a police officer x 2; several assaults; assault occasioning actual bodily harmLife imprisonment45 years and 6 monthsIn custody since age 25In custody since May 1987Fyfe's total non-parole period is the longest of any Australian prisoner convicted of a single murder.
Angelika GavareSAMurderLife imprisonment32 years35November 2011Gavare's non-parole period is, equal with Cai Xia Liao, the longest imposed on a female by any Australian court.
James MillerSAMurder x 66 x 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.
James GargasoulasVictoriaMurder x 6; reckless conduct endangering life x 276 x life imprisonment46 years27February 2019Gargasoulas received the longest non-parole period resulting from a single trial of any Australian prisoner.
Carl WilliamsVictoria3 x murder, 1 x conspiracy to murder3 x life imprisonment35 years36May 2007Deceased; killed in prison April 2010
Keith FaureVictoria2 x murder2 x life imprisonment19 years54May 2006
Malcolm ClarkeVictoriaMurderLife imprisonment25 years49December 2004
Nicola SpinaVictoriaMurder x 2, false imprisonment2 x life imprisonment25 years54August 2003Deceased, died in prison in 2011 of a heart attack
John SharpeVictoriaMurder x 22 x Life imprisonment33 years38August 2005
Brent QuarryVictoriaMurder, causing injury intentionally, causing injury recklesslyLife imprisonment24 years32February 2004
Michael LaneVictoriaMurderLife imprisonment24 years48June 2003
Gregory BrazelVictoriaMurderLife imprisonment27 years48March 2003*
Lloyd CrosbieVictoriaMurder x 22 x life imprisonment30 years20March 2003
Andrew NorrieVictoriaMurderLife imprisonment14 years and 6 months39December 2001
Peter KnightVictoriaMurderLife imprisonment23 years48November 2002
John HorrocksVictoriaMurder, attempted murder, conduct endangering lifeLife imprisonment23 years39October 2000
Truong PhucVictoriaMurder, kidnappingLife imprisonment23 years and 8 months40June 2000
Dean WilliamsonVictoriaMurderLife imprisonment24 years30March 2000Deceased; died by suicide in 2000 at Barwon Prison
Robert ParsonsVictoriaMurderLife imprisonment25 years55May 1999
Manuel AdajianVictoriaMurder x 2; attempted murder; armed robbery2 x life imprisonment25 years42May 1998
Lindsay BeckettVictoriaMurder x 22 x life imprisonment35 years24August 1998
Christopher HudsonVictoriaMurder, attempted murder x 2, intentionally causing serious injuryLife imprisonment35 years30September 2008Hudson received the longest non-parole period for a single murder of any Australian prisoner.
Cai Xia LiaoVictoriaMurder x 2; intentionally causing injury; false imprisonmentLife imprisonment32 years45December 2015Liao's non-parole period is, equal with Angelika Gavare, the longest imposed on a female by any Australian court
Massimo SicaQLDMurder x 33 x life imprisonment35 years42July 2012
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
Jessica StasinowskyWAWilful murderStrict security life imprisonment24 years21March 2008
Valerie ParashumtiWAWilful murderStrict security life imprisonment24 years19March 2008
Catherine BirnieWAMurder x 4; aggravated sexual assault; deprivation of liberty4 x strict security life imprisonment20 years35March 1987*Though becoming parole eligible in 2007, every serving Attorney General since has invariably stated Birnie will be denied parole during their tenure.
David BirnieWAMurder x 4; aggravated sexual assault; deprivation of liberty4 x strict security life imprisonment20 years36February & March 1987Deceased; died by suicide in October 2005
Dante ArthursWAMurder, unlawful detentionLife imprisonment13 years23November 2007Arthurs was refused parole in 2019
‘F’ WAWilful murderLife imprisonment12 years16 August 1992‘F’ was released from prison in 2014 after serving 22 years, with a subsequent parole term of five years
Douglas CrabbeNTMurder x 55 x 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
Bradley MurdochNTMurder, deprivation of liberty, aggravated unlawful assaultLife imprisonment28 years47December 2005
Evelyn NamatjiraNTMurderLife imprisonment15 years46December 2012
Ben William McLeanNTMurder x 22 x life imprisonment25 years20May 2005
Phu Ngoc TrinhNTMurder x 22 x life imprisonment25 years19May 2005
James O'NeillTasmaniaMurderLife imprisonmentundetermined*28Convicted 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.
Notorious criminals serving at least one sentence of life imprisonment without the possibility of parole include: Backpacker serial killer Ivan Milat, serial sex killer Peter Dupas, Snowtown serial killers John Justin Bunting and Robert Joe Wagner, and double sex killer Mark Errin Rust, sadistic rapist and murderer Barrie Watts, Port Arthur gunman Martin Bryant, serial killer Allan Thompson, Hoddle Street massacre Julian Knight. There are three women serving life without parole: cannibalistic husband killer Katherine Knight, black widow Patricia Byers, a second woman from Queensland, who tortured, raped and attempted to kill a 13-year-old girl. Serial killer Catherine Birnie is serving four consecutive life sentences with a non-parole period of 20 years, but due to the requirement that the attorney general of Western Australia signs off on all parole recommendations from the Prisoners Review Board, it is highly unlikely she will ever be released from prison.
Notable prisoners serving at least one sentence of life imprisonment without the possibility of parole include:
NameStateConvictionSentenceAge at sentenceDate of sentenceNotes
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. 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 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. 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 NgoNSWMurderLife imprisonment43November 2001
Glen McNamaraNSWMurder; supplying of a prohibited drug in an amount not less than a large commercial quantityLife imprisonment plus 12 years57September 2016
Roger RogersonNSWMurder; supplying of a prohibited drug in an amount not less than a large commercial quantityLife imprisonment plus 12 years75September 2016
Mark ValeraNSWMurder × 2Life imprisonment × 221December 2000
Sef GonzalesNSWMurder × 3Life imprisonment × 324September 2004
Andrew GarforthNSWMurderLife imprisonment plus 30 years29July 1993
Crespin AdanguidiNSWMurder × 3Life imprisonment × 327June 2005
Ramzi AouadNSWMurder × 2Life imprisonment × 225November 2006*Originally sentenced to three terms of life without parole, for three murders; successfully appealed against one murder conviction in April 2011
Allan BakerNSWMurder; conspiracy to murder; malicious wounding with intent to prevent lawful apprehension × 2Life imprisonment plus 55 years hard labour26June 1974
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
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
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
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
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
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
Malcolm BakerNSWMurder × 6Life imprisonment × 645August 1993
Samuel BoydNSWMurder × 4; wounding with intent to murderLife imprisonment × 4 plus 25 years29January 1985The life sentence for the conviction of wounding with intent to murder was reduced to 25 years on appeal in 1994
John CribbNSWMurder × 3; rape × 3; kidnapping × 2; false imprisonment × 2; armed robbery × 9; escaping lawful custodyLife imprisonment × 3 plus 45 years28May 1979Deceased; died February 2018
Adnan DarwicheNSWMurder × 2; attempted murder; discharging a firearm with intent to do grievous bodily harmLife imprisonment × 2 plus 26 years30November 2006
John GloverNSWMurder × 6; attempted murder; robbery with wounding; robbery; indecent assault × 4; assaultLife imprisonment × 658November 1990Deceased; died by suicide September 2005
Matthew HarrisNSWMurder × 3; armed robberyLife imprisonment × 2 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:
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 woundingLife imprisonment × 3 plus 50 years and 4 months26October 2001
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 drugLife imprisonment × 5 plus 39 years43September 1998
Naseam El-ZeyatNSWMurder × 2*Life imprisonment × 2*26November 2006*Originally sentenced to three terms of Life imprisonment, for three murders; successfully appealed against one murder conviction in April 2011
Ivan MilatNSWMurder × 7; attempted murder; false imprisonment; robberyLife imprisonment × 7 plus 18 years51July 1996
Katherine KnightNSWMurderLife imprisonment46November 2001
Mark LewisNSWMurder × 2Life imprisonment plus 18 years58June 2000
Jason RobertsVictoriaMurder × 2Life imprisonment with non-parole period of 35 years; de facto life imprisonment without parole*22; 17 at the time of offences**February 2003*Despite receiving a sentence of life imprisonment with a non-parole period of 35 years, legislative changes passed by the Victorian parliament in 2016 extinguished any prospect of release for those convicted of murdering a police officer. The legislation was acknowledged by the government to be incompatible with Victorian Charter of Human Rights and Responsibilities, including the right to protection from cruel, inhumane and degrading treatment. **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, Roberts was 17 years old at the time of offending
Julian KnightVictoriaMurder × 7; attempted murder × 46De facto life imprisonment*; original sentence: life imprisonment × 7, non-parole period 27 years21November 1989*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 CardamoneVictoriaMurder; incitement to murder; breaching a prescribed condition of paroleLife imprisonment plus 8 years and three months50August 2017
Leslie CamilleriVictoriaMurder × 3Life imprisonment × 2 plus 28 years29April 1999In December 2013, Camilleri was sentenced to a further 28 years prison for his third murder conviction
Ashley CoulstonVictoriaMurder × 3; armed robbery × 2; false imprisonment × 2; recklessly endangering life × 2; intentionally causing injury; assault; using a firearm to resist arrestLife imprisonment × 3 plus 7 years38September 1995
Bandali DebsVictoriaMurder × 4Life imprisonment × 449February 2003Sentenced to two life sentences in February 2003; a further life sentence in June 2007; and another in February 2012
Raymond EdmundsVictoriaMurder × 2; rape × 6; attempted rape × 2; indecent assault x 3; assault causing bodily harm x 2; attempt to escape lawful custody and false imprisonmentLife imprisonment × 2 plus 54 years 5 months42April 1986Sentenced to 2 x 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 HaighVictoriaMurder × 6, armed robberyLife imprisonment × 6 + 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
Peter DupasVictoriaMurder × 3Life imprisonment × 347August 2000First life imprisonment sentence imposed in August 2000; second in August 2004; the third in August 2007
Robert LoweVictoriaMurder; kidnappingLife imprisonment plus 15 years57December 1994
Stanley TaylorVictoriaMurder; intentionally causing serious injury × 2; causing an explosion; burglary; car theft; theftLife imprisonment plus 13 years50August 1988Deceased; died October 2016
John BuntingSouth AustraliaMurder × 11Life imprisonment × 1137October 2003
Robert WagnerSouth AustraliaMurder × 10Life imprisonment × 1031October 2003Wagner's application for a non-parole period to be set was denied in May 2019
Mark RustSouth AustraliaMurder × 2; rape; assault; gross indecencyLife imprisonment × 2 plus 12 years39April 2004
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 anotherLife imprisonment × 2 plus 80 years32December 2011Conflicting reports as to whether Mahony will be eligible for parole
Barrie WattsQLDMurder, rape, abductionLife imprisonment plus 18 years37February 1990
Anthony HarveyWAMurder × 5Life imprisonment × 525July 2019Harvey is the first person in Western Australia to receive a 'never to be released' order.
Martin LeachNTMurder × 2; rape; assaulting a police officerLife imprisonment × 3 plus 3 months25May 1984
Andrew AlburyNTMurderLife imprisonment22July 1984
William TurnerNTVarious sexual assaults, including sexual assaults against childrenIndefinite sentence plus nine years52May 2008
Martin BryantTasmaniaMurder × 35; attempted murder × 20; grievous bodily harm × 3; wounding × 8; aggravated assault × 4; unlawful setting fire to property; arsonLife imprisonment × 35 plus 777 years29November 1996
Allen ThompsonACTMurder × 6Life imprisonment × 624October 1984