quote:
Originally posted by rav0
quote:
Originally posted by -rafy-
Whats the situation in other countries on murder?
In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.
Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.
Yeah i say it in an extensive post in this thread somewhere near the start of it.
The legeslation in NSW is as follows:
· Section 19A Crimes Act:
· (1) A person who commits the crime of murder is liable to imprisonment for life.
· (2) A person sentenced to imprisonment for life for the crime of murder is to serve that sentence
for the term of the person's natural life.
· (3) Nothing in this section affects the operation of s.21(1) of the Crimes (Sentencing Procedure) Act 1999
Subsection 1: This basically says that if you murder somebody you can get life imprisonment
Subsetion 2: This section was added in the Crimes Amendment (Sentencing proceedures) Act (NSW). It says that the punishment of Life imprisionment MEANS life imprisonment.
Subsection 3: This acts as a judical safeguard. This recgnises that not all crimes are the same, some murders may be worse than others. It protects the discretion of a judge to weigh up the facts of the case and impose a sentence within the sentencing guidelines. (This is what s21 of that Act refers to). Therefore Subsection 3 alows a judge to impose a life sentence that is not in fact a natural life sentence. That is; the judge may impose the 25 year definition of life, and impose a parole period.
It gives the judge discretion. But also says that those convicted of a murder that posseses certain characteristics should get life imprisonment (that is defined within the crimes Act) i.e after taking mitigating factors into account.
The common law precedents for this are:
Ibbs v The Queen (1987) 163 CLR 447, and,
Veen (No. 2) (1986) 164 CLR 465
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