The Finocchiaro CLP Government will move to amend the NT’s Sentencing Act this week in Parliament to set a minimum, non-parole period of 25 years’ imprisonment for the murder of a current or former partner, which it claims will act as a “real deterrent” to the Territory’s ongoing domestic violence crisis.
Anyone convicted of murder in the NT currently receives a life sentence of at least 20 years, but the new amendments will push the non-parole period for domestic violence related murders to 25 years, with the government also indicating it will look at a “loophole” that saw some DV murderers avoid a 20-year sentence after pleading guilty to a less serious offence.
Attorney-General Marie-Clare Boothby said the five year increase for DV cases will be “the country’s strongest sentencing laws for DV murders”.
“If you take your partner’s life in the Territory, you will spend the rest of yours in prison. There will be no discounts, no excuses, and no second chances,” she said.
The reforms to the Sentencing Act follows numerous cases of men killing their partners in the NT and only receiving a few years in jail, following a judge’s sentencing determinations.
Ms Boothby pointed to a case 10 years ago that saw a woman murdered in a Nightcliff park in broad daylight by her partner who received three years in jail, after pleading guilty to committing a violent act causing death.
“[That’s] not good enough,” she said.
“The Territory’s weak sentencing laws risk undermining the hard work of police. Meanwhile, the crisis of women losing their lives in acts of domestic violence remains exhaustive, unforgivable, and avoidable. It’s time our sentencing laws reflect that.”
Ms Boothby called the move to increase sentences for DV murders a “tough decision” that she “won’t apologise for”.
“We’re putting an end to the continuous failures of previous governments, and we’re taking concrete steps to reduce the devastating impact of domestic violence on women, particularly Aboriginal women, their families, and our communities,” she said.
Critics of mandatory life sentences for DV murders have argued the sentence prevents judges from exercising discretion to consider individual circumstances such as abuse history, mental state and remorse, also arguing it does nothing to reduce domestic violence or address the root causes, while also disproportionately affecting Indigenous defendants.
The NT Legal Aid Commission has previously stated that mandatory sentencing does not work to deter offending or protect the community.
I’ve always been doubtful about any sort of mandatory sentencing, since it seems like politicians telling judges how to do their job. Would we be happy with them doing this to doctors? On the other hand, there’s an argument that the judges haven’t been doing their job, and the community has expectations. It’s hard to argue with that.
The elected government makes the rules, and unfortunately, many judges think they are the government; all sentencing should be mandatory. Stop wasting money on sentencing hearings.
Good morning all,
Well we are well underway in the New Year, no doubt it will be the festive season again before we know it!
During my time in the family court my wife, upon meeting the children’s lawyer, said to me “ oh she is lovely, very nice”! I responded “ do you appreciate that the loveliness and smilies of this lawyer tools of trade!” I then mentioned to my wife “ Always cuddle spiders very gently!”
I was to later have the court remove this lawyer as she had failed to “ act transparently in the eyes of the court!”- m just a simple sparky at days end- l told this lawyer!
In my opinion and having met this Boothby, l liken her to a spider!
The role of Attorney General carries with it great expectation, accountability, respect and intelligence and although a spiders web is a vision splendid, web building does not satisfy the job description for an attorney general.
What l would expect of an attorney general in achieving minimums th communication to Territorians of the following:
(1) identify and list, the lineage of Australians that have been found guilty of the murder of their partners
(2) factors such as drug and alcohol etc that have been identified
(3) Environmental factors such as location etc
(3) weapons accessed and used of any/all types
(4) evidentiary trails inclusive of police and other agencies involvement and processes leading up to each murder
(5) learnings from each case!
(7) Mentions in hard copy to all NT politicians, both federally and territory positioned, that share the same Australian lineage of convicted murderes to their engagement culturally to effect a change!
The Australian constitution states the federal government exercises legislative control of a territory!
I do not accept Boothbies Huff and Puff is any more than deflection, stupidity and con!
Keep great
Australian independant alliance
Darren Nugent
Didn’t the CLP preselect a candidate in 2024 who had killed their spouse?
Did the CLP not feel so strongly about this issue in 2024?