Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989. Life imprisonment is mandatory for treason and the presumptive sentence for murder. It may be imposed for terrorism, manslaughter and Class A drug dealing. Offenders sentenced to life imprisonment must serve a minimum of 10 years imprisonment before they are eligible for parole, although the sentencing judge may set a longer minimum period or no minimum period at all (i.e. life without parole). Released offenders remain on parole for the rest of their life.
Contents
- Life imprisonment for murder
- Case law
- Longest minimum periods of imprisonment
- Preventive detention
- References
Only six life sentences since 1980 have been for crimes other than murder - one for manslaughter in 1996, and five for drug offences in 1985, 1996, 2008 (two) and 2009. In contrast, there have been 813 life sentences for murder during the same period.
Life imprisonment for murder
The imposition of life imprisonment for murder is codified in sections 102 to 104 of the Sentencing Act 2002.
102 Presumption in favour of life imprisonment for murder
(1) An offender who is convicted of murder must be sentenced to imprisonment for life unless, given the circumstances of the offence and the offender, a sentence of imprisonment for life would be manifestly unjust. (2) If a court does not impose a sentence of imprisonment for life on an offender convicted of murder, it must give written reasons for not doing so. (3) This section is subject to section 86E(2).103 Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder
(1) If a court sentences an offender convicted of murder to imprisonment for life it must,— (2) The minimum term of imprisonment ordered may not be less than 10 years, and must be the minimum term of imprisonment that the court considers necessary to satisfy all or any of the following purposes: (2A) If the court that sentences an offender convicted of murder to imprisonment for life is satisfied that no minimum term of imprisonment would be sufficient to satisfy 1 or more of the :purposes stated in subsection (2), the court may order that the offender serve the sentence without parole. (2B) The court may not make an order under subsection (2A) unless the offender was 18 years of age or over at the time that the offender committed the murder. (3-6) [Repealed] (7) Subsection (2) is subject to section 104.104 Imposition of minimum period of imprisonment of 17 years or more
(1) The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years in the following circumstances, unless it is satisfied that it would be manifestly unjust to do so: (2) This section does not apply to an offender in respect of whom an order under section 86E(2)(b) or (4)(a) or 103(2A) is made.Circumstances where life imprisonment might be deemed manifestly unjust include mercy killings, failed suicide pacts, and "battered defendants" who were subjected to "prolonged and severe abuse".
Since the Sentencing and Parole Reform Act 2010 came into force, judges must sentence offenders to life imprisonment without possibility of parole if they have a previous conviction for a serious violent offence, unless given the circumstances it would be manifestly unjust to do so. In R v Harrison, the Court of Appeal dismissed the Crown's appeal of two cases where the sentencing judges applied the manifestly unjust provision and gave the offenders life imprisonment with possibility of parole instead. The Court of Appeal ruled that imposing life imprisonment without parole in these cases would be inconsistent the right not to be subjected to disproportionately severe treatment or punishment under the New Zealand Bill of Rights Act 1990, especially given one offender's previous serious violent offence was at the minor end of the scale (an indecent assault conviction for pinching a female police officer's bottom).
There is no minimum age for imposing life imprisonment. The youngest people sentenced to life imprisonment in New Zealand were aged 13 years at the time of the offence.
Case law
Longest minimum periods of imprisonment
The longest minimum period of imprisonment on a sentence of life imprisonment is 30 years, currently being served by William Dwane Bell. No person in New Zealand has yet been sentenced to life imprisonment without the possibility of parole.
Sentences where a minimum term of imprisonment of 20 years or more has been imposed include:
The longest minimum period for a woman is 19 years, currently being served by Tracy Jean Goodman for the murder of pensioner Mona Morriss in the course of a burglary in Marton in January 2005.
Preventive detention
There is also provision for an indefinite sentence of preventive detention, which is given for lesser crimes than treason, murder or manslaughter. Since the Sentencing Act 2002 came into force, this has been given to repeat sexual offenders and serious violent recidivist offenders. Preventive detention has a minimum period of imprisonment of five years, but the sentencing judge can extend this if they believe that the prisoner's history warrants it. The sentence of preventive detention was first introduced in the Criminal Justice Act 1954.
The longest minimum period of imprisonment on a sentence of preventive detention is one of 28 years, which was given in 1984.