available at the time. The ability to order that a murderer serve their sentence without parole was introduced in 2010 in response to a perceived societal concern regarding repeat violent offenders and the worst murder cases.[1] An identified need was to relieve victims of the stress of having to attend parole hearings in the knowledge of the offender’s potential release.[2]
[135]At the time of its introduction the Government acknowledged that the imposition of life imprisonment without parole would be infrequent. However, unlike other jurisdictions, little statutory criteria or guidance was prescribed for when such an order would be appropriate.[3] In the few New Zealand cases where the issue has been considered, this Court has observed that the grounds for making such an order need to be clear and obvious, and the objectives of sentencing not otherwise achievable by imposing a minimum period of imprisonment.[4]
[136]In the United Kingdom a sentencing court when imposing a life sentence for murder may have regard to whether the seriousness of the offence or combination of offences is exceptionally high. Cases that would normally fall within such a category include the murder of two or more persons where each murder involves a substantial degree of premeditation or planning, and a murder that is done for the purpose of advancing a political, racial or ideological cause — criteria that apply to your crimes.[5]
[137]If the “exceptionally high” test is met, then the appropriate starting point is, as it is termed in the United Kingdom, a whole life order, being a life sentence served without parole. After considering any mitigating or other aggravating factors not already taken into account, should the sentencing court consider a whole-of-life sentence to be appropriate it may make such an order.[6]
- ↑ Sentencing and Parole Reform Act 2010, s 10(3).
- ↑ Cabinet Paper “No parole for worst repeat violent offenders and worst murder cases” (5 December 2008) at [24]; (18 February 2009) 652 NZPD 1421; and (25 May 2010) 663 NZPD 11227.
- ↑ Cabinet Paper, above n 19, at [24] and [26]; and Criminal Justice Act 2003 (UK), s 269(4).
- ↑ McLaughlin, above n 16, at [32]; and Tainui, above n 16, at [51].
- ↑ Criminal Justice Act, sch 21 para 4.
- ↑ Criminal Justice Act, s 269(4) and sch 21 para 4; R v Mair (Crown Court, 23 November 2016) per Wilkie J and R v Adebolajo (Crown Court, 26 February 2014) per Sweeney J are two examples from England and Wales where whole life orders were made — Mair involved the murder of a
killing two and injuring a third. Other lengthy MPIs imposed on charges of murder include: R v Burton HC Wellington CRI-2007085-736, 3 April 2007 — 26 years; R v Howse [2003] 3 NZLR 767 (CA) — 25 years (for the murder of two young girls in their beds); and Robertson v R [2016] NZCA 99 — 24 years.
