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Sentencing Act 2002

Sentences, orders, and related matters - Sentencing for murder - Imposition of minimum period of imprisonment or imprisonment without parole

103: Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder

You could also call this:

"When you get life in prison for murder, the court decides how long you must stay in prison before you can ask to be released."

Illustration for Sentencing Act 2002

If you are found guilty of murder and sentenced to life in prison, the court must decide how long you have to stay in prison before you can be considered for release. The court will choose a minimum time that you have to serve, and this time cannot be less than 10 years. The court decides this minimum time based on things like making sure you are held accountable for your actions, denouncing your conduct, deterring you or others from committing the same crime, and protecting the community from you.

If the court thinks that no amount of time in prison would be enough to achieve these goals, they can decide that you have to serve your sentence without being able to apply for release on parole. However, the court can only make this decision if you were 18 years or older when you committed the murder. When the court is deciding the minimum time you have to serve, they also have to consider what is said in sections 86P, 86S, and 104 of the Sentencing Act 2002, which you can find by following the links to sections 86P, 86S, and 104.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136499.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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102: Presumption in favour of life imprisonment for murder, or

"Murder is usually punished with life in prison unless it's clearly unfair."

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104: Imposition of minimum period of imprisonment of 17 years or more, or

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Part 2Sentences, orders, and related matters
Sentencing for murder: Imposition of minimum period of imprisonment or imprisonment without parole

103Imposition of minimum period of imprisonment or imprisonment without parole if life imprisonment imposed for murder

  1. If a court sentences an offender convicted of murder to imprisonment for life, it must—

  2. order that the offender serve a minimum period of imprisonment under that sentence; or
    1. if subsection (2A) applies, make an order under that subsection.

      1. The minimum term of imprisonment ordered may not be less than 10 years, and must be the minimum term of imprisonment that the court considers necessary to satisfy all or any of the following purposes:

      2. holding the offender accountable for the harm done to the victim and the community by the offending:
        1. denouncing the conduct in which the offender was involved:
          1. deterring the offender or other persons from committing the same or a similar offence:
            1. protecting the community from the offender.

              1. If the court that sentences an offender convicted of murder to imprisonment for life is satisfied that no minimum term of imprisonment would be sufficient to satisfy 1 or more of the purposes stated in subsection (2), the court may order that the offender serve the sentence without parole.

              2. The court may not make an order under subsection (2A) unless the offender was 18 years of age or over at the time that the offender committed the murder.

              3. Repealed

              4. Repealed

              5. Repealed

              6. Repealed

              7. Subsection (2) is subject to sections 86P, 86S, and 104.

              Notes
              • Section 103 heading: amended, on , by section 10(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).
              • Section 103(1): replaced, on , by section 8 of the Three Strikes Legislation Repeal Act 2022 (2022 No 40).
              • Section 103(2): replaced, on , by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 103(2A): inserted, on , by section 10(3) of the Sentencing and Parole Reform Act 2010 (2010 No 33).
              • Section 103(2B): inserted, on , by section 10(3) of the Sentencing and Parole Reform Act 2010 (2010 No 33).
              • Section 103(3): repealed, on , by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 103(4): repealed, on , by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 103(5): repealed, on , by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 103(6): repealed, on , by section 12 of the Sentencing Amendment Act 2004 (2004 No 68).
              • Section 103(7): amended, on , by section 9 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).
              • Section 103(7): amended, on , by section 10(4) of the Sentencing and Parole Reform Act 2010 (2010 No 33).