Standard Non-parole Periods
Standard non-parole periods are legislative guideposts set by Parliament which indicate a period of imprisonment as the standard penalty that an offender should receive as the sentence for that offence.
Standard non-parole periods indicate Parliament’s assessment of the seriousness of the offence. Magistrates and Judges are required to take these periods into account when determining the appropriate sentence for the offence.
A standard non-parole period does not mean a person will automatically be sentenced to imprisonment for that period of time, but it is an important sentencing factor that will be considered and weighed against the objective seriousness of the offence, the offender’s moral culpability and the offender’s subjective circumstances.
Standard non-parole periods can range from 3 years to 25 years depending on the offence. Please see the table list below for some examples of standard non-parole periods.
Offence | Section | Maximum penalty | Standard Non-Parole Period |
Murder – where victim is prescribed person or victim is under 18 years | 19A Crimes Act 1900 | Life – Term of natural life | 25 years |
Sexual Intercourse with Child Under 10 | 66A(1) Crimes Act 1900 | Life – Term of natural life | 15 years |
Possess or Use Prohibited Weapon | 7(1) Weapons Prohibition Act 1998 | 14 years imprisonment | 5 years |
Possess or Use Unauthorised Pistol | 7(1) Firearms Act 1996 | 14 years imprisonment | 4 years |
We are continually reviewing and updating the content on this website. Information in this blog is general in nature and is not a substitute for specific and tailored legal advice. Armstrong Legal and the AF Legal Group, of which it is a part, practice in the areas of Criminal, Contested Estates and Family Law and cannot assist in areas outside of these practice areas.