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‘No-Body, No-Parole’

The NSW Government has today announced its intention to introduce new legislation preventing convicted murderers from being granted parole where they have refused to provide information or assistance to...

Justin Wong

The NSW Government has today announced its intention to introduce new legislation preventing convicted murderers from being granted parole where they have refused to provide information or assistance to locate their victim’s remains. NSW will move to adopt reforms similar to legislation in Victoria, Queensland, WA, SA and the NT.

The ‘no-body, no-parole’ reforms follow a petition calling for the reforms last week in response to the conviction of former teacher Chris Dawson for the murder of his first wife Lyn Dawson. Lyn Dawson’s body has still not been identified.

Although the legislation is still to be introduced, it appears the State Parole Authority (SPA) will not grant parole unless it concludes the offender has cooperated satisfactorily to identify a victim’s location. The SPA will rely on written advice from the Commissioner of NSW Police and any other relevant information when making this determination.

The new legislation will apply to all current and future inmates in NSW to capture convicted offenders who have not yet been considered for parole. It is believed there are six convicted murderers in NSW prisons who could be affected by the reforms.

Concerns

For those convicted of murder who maintain their innocence, the reforms could deny them any chance of parole, in circumstances where they have otherwise served their non-parole period. For those sentenced before these reforms, the sentencing judge would have set the non-parole period in full knowledge that the offender maintained their innocence. To retrospectively impose what is in effect a higher minimum term, is concerning. Particularly in circumstances where it seems the NSW Government has responded in a “knee-jerk” reaction to a high-profile case.

The impact and effect remains for be seen. For now, the legislation is set to be introduced sometime later this week.