Is there a precedent for mandatory sentencing of life without parole?

Yes, the precedent is in NSW where the murder of a police officer carries a mandatory life sentence with no parole.

New South Wales Consolidated Acts

CRIMES ACT 1900 – SECT 19B

Mandatory life sentences for murder of police officers

19B Mandatory life sentences for murder of police officers

(1) A court is to impose a sentence of imprisonment for life for the murder of a police officer if the murder was committed–

(a) while the police officer was executing his or her duty, or

(b) as a consequence of, or in retaliation for, actions undertaken by that or any other police officer in the execution of his or her duty,

and if the person convicted of the murder–

(d) intended to kill the police officer or was engaged in criminal activity that risked serious harm to police officers.

(2) A person sentenced to imprisonment for life under this section is to serve the sentence for the term of the person‘s natural life.

(3) This section does not apply to a person convicted of murder–

(a) if the person was under the age of 18 years at the time the murder was committed, or

(b) if the person had a significant cognitive impairment at that time (not being a temporary self-induced impairment).

(4) If this section requires a person to be sentenced to imprisonment for life, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or alternative sentence.

(5) Nothing in this section affects the obligation of a court to impose a sentence of imprisonment for life on a person convicted of murder in accordance with section 61 of the Crimes (Sentencing Procedure) Act 1999 .

(6) Nothing in this section affects the prerogative of mercy.

(7) This section applies to offences committed after the commencement of this section.

http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s19b.html

Why must murder with sexual assault be made a separate offence?

The crime of rape and murder must be made a separate offence because currently the crime is charged and tried as a murder. The rape is treated as secondary and just categorised as an “aggravating factor” of the murder.

This crime must be tried as its own offence to reflect the true character of the crime. And it means the crime can have its own sentence of mandatory life with no parole.

Why do we need mandatory sentencing?

True life sentences are rarely given today

We need mandatory life sentencing without parole because true life sentences for murder with sexual assault are rarely given today.

While murder carries a mandatory sentence of life in most states, judges have discretion to set a nonparole period of as little as 15 years in WA and 20 years in other states. 20 years is not a life sentence.

Australia’s criminal justice system hit a new low on 23 December 2020 when Justice Stephen Hall refused to mark Perth serial killer and rapist Bradley Edwards papers “never to be released” claiming his crimes did not fit the category of ‘worst case.’

Which begs the question if a serial killer and rapist is not a ‘worst case’ what is? This decision sets a new precedent of further reducing sentences for this crime.

Sentences are being reduced based on factors such as the principle of precedent

Crimes of rape and murder are being ranked according to a macabre hierarchy of depravity in which only those deemed the ‘worst of the category’ are given life sentences, such as those who have killed multiple times. How does this protect the community?

It is this logic that was applied to Aiia Maasarwe and Eurydice Dixon’s brutal rape and murders finding they were not deemed ‘worst category’. Murders which shocked and outraged our nation and sparked vigils across the country. Which drew condemnation from our Prime Minister.

Their rapist murderers Codey Herrmann and Jaymes Todd will be eligible for parole release when they are in their fifties. Young enough to strike again. This must stop.

The latest most shocking example was when Justice Stephen Hall refused to mark Perth serial killer and rapist Bradley Edwards papers “never to be released” claiming his crimes did not fit the category of ‘worst case.’

Which begs the question if a serial killer and rapist is not a ‘worst case’ what is? This decision sets a new precedent of further reducing sentences for this crime.

Sentences are being reduced based on ‘mitigating factors’ deemed to reduce culpability

How can anyone argue there are mitigating factors or excuses for raping and murdering someone? This is a crime which by its very nature is deliberate.

Rape has nothing to do with desire or sexual attraction. It is a gender hate crime enacted to terrorise, torture and degrade the victim and is about the offender exerting power, control and dominance over their victim.

To guarantee community safety

The only way to guarantee community safety is to lock rapist murderers up for life. For the term of their natural life so they will never repeat their crimes.

Prison rehabilitation programs do not work for rapist murderers

We need life sentencing without parole because prison rehabilitation programs do not work for rapist murderers.

Jill Meagher’s rapist murderer Adrian Bayley admitted faking his way through a sex offenders program to get parole release before murdering Jill.

Daniel Morcombe’s killer, child rapist and murderer Brett Peter Cowan, had completed a sex offenders program while in prison for violently sexually assaulting a 6 year old boy, yet upon release Cowan abducted and murdered Daniel who was 13.

Rapist murderer Terrence Leary who murdered 17 year old Vanessa Hoson was considered a model prisoner who completed a sex offender program and even got a social work degree in prison, yet upon release he attempted to rape and murder a woman at a bus stop. And still he has been given another sentence with a non-parole period.

Wayne Wilmot, a serial violent sex offender involved in the 1988 Sydney abduction rape and murder of Janine Balding – repeatedly raped women after his release from prison. He is currently back behind bars with the NSW government trying to keep him there by applying to renew his continuing detention order (CDO).

To act as a deterrent

Strong sentencing laws act as a strong deterrent. A mandatory life sentence with no parole for murder with sexual assault will serve as a powerful deterrent to offenders and send the strongest possible message that the community does not tolerate this crime.

We believe the flow on effect of this law will also help to reduce the levels of all sexual violence.

To deliver true justice

Today there is rarely true justice for murdered rape victims and their loved ones.

Rapist murderers are being given sentences of as little as 20 years. 20 years is not a life sentence. How is that justice?

Justice is valuing a woman or child’s life equally to the life of the man who took their life so brutally. Justice requires a sentence for the term of the rapist murderer’s natural life.

To meet sentencing purposes

A mandatory life sentence with no parole for the crime of murder with sexual assault meets the sentencing purposes of retribution, incapacitation, denunciation and deterrence, ensuring just punishment, community protection, community condemnation and crime prevention.

Mandatory life sentencing without parole for rapist murderers also ensures certainty, equality and consistency of sentencing for the offenders, the victim families and the community.

For gender equality

Rape is a gender hate crime perpetrated against women and rape and murder is a gender hate crime of the most heinous kind.

A woman’s life must be valued equally to the life of the man who took her life so brutally and that must be reflected in a sentence for the term of the rapist murderer’s natural life.

Why do we need uniform sentencing?

We have a national crisis of violence against women. One in five women in Australia are sexually assaulted and one woman a week is murdered.

A national crisis demands a national response. We need uniform sentencing laws in each state and territory to send a strong message in society that Australia does not tolerate rape crime. I believe this will also help to reduce all violent crimes against women.

The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee 2018 Report recommends Australia adopt uniform legislation to address violence against women.

This is why I am calling on the Federal Attorney-General to put on the agenda of the next Council of Attorneys-General (CAG) meeting, this law reform to create a new offence “murder with sexual assault”, carrying a mandatory sentence of life without parole.

I am also calling on all the state and territory Attorneys-General to work together to implement this law reform in their state to ensure uniform sentencing across the nation.

Further references

Petition calling for law reform for mandatory life sentencing without parole for rapist murderers

https://www.change.org/Life-For-Rapist-Murderers

NSW Review of Sentencing for Murder and Manslaughter

Submission to NSW Review into Sentencing for Murder and Manslaughter 7 February 2020.

http://www.sentencingcouncil.justice.nsw.gov.au/Documents/Current-projects/Homicide/MU30.pdf

Preliminary submission to inform the Consultation Paper 8 March 2019.

http://www.sentencingcouncil.justice.nsw.gov.au/Documents/Current-projects/Homicide/PMU14.pdf