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RE: Should Life Imprisonment Mean Life or 40 years?
In Australia the Crimes (Sentencing) Act 1900 (NSW) defines "life inprisonment" as a period of 25years incarceration.
However, The case of Regina v Travers, Murdoch, and Murphy (1987) [NSWSC] set a legal common law precedent. The judge handed down a life term for the Anita Cobby rapists/murderers. However he also recommended that the prisioners were to "never be released"
This was then enshined within legelation passed by state paliament.
So in NSW at least a judge may say that the life term does indeed mean life. (There are currently only 5 or 6 who have being sentenced as such)
Such a situation gives flexibility to the judiciary when passing sentence. Its not as black or white as saying it should/ shouldnt be. The law here as it stands allows judges to determine that on a case by case basis.
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