NSW Government Increases Standard Non-Parole Period for Domestic Violence Murders

The New South Wales government has introduced the Crimes Legislation Amendment (Domestic and Sexual Offences) Bill 2025 into parliament which would, if passed, increase the standard non-parole period (SNPP) for offences of murder committed against current or former intimate partners from 20 to 25 years.

The move has been widely reported by the mainstream media as an increase in the minimum prison sentence that applies to such offences, with one media outlet reporting ‘Cop that cowards: DV killers to face 25-year minimum jail time’ and another reporting ‘Minimum 25-year jail terms for DV murderers’. 

However, such reporting is grossly misleading as the legislation would merely increase the SNPP that applies to such offences, bringing it in line with offences of murdering a police officer or a person under the age of 18 years. 

In fact, no minimum prison term applies to any offence of murder in New South Wales and this will continue to be the case if the new law is passed.

So, what is a standard non-parole period?

An SNPP is merely a guidepost or reference point for a sentencing judge when deciding how long a person must spend behind bars (called the ‘non-parole period’) before being eligible to apply for release from prison to serve the remainder of their sentence in the community on parole.

Section 54A of the Crimes (Sentencing Procedure) Act 1999 (NSW) explains that ‘the standard non-parole period represents the non-parole period for an offence… taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness.’

And section 54B makes clear that any applicable SNPP is ‘a matter to be taken into account by a court in determining the appropriate sentence for an offender without limiting the matters that are otherwise required or permitted to be taken into account’.

So, while the SNPP is indeed a factor that is considered when determining the penalty that applies to an offence, it is only one of many considerations and is certainly not a ‘minimum jail term’ as reported by several mainstream media outlets.

In fact, several objective factors (those relating to the crime itself) and subjective factors (those relating to the defendant) may be taken into account when the non-parole period for an offence is set.

SNPPs do not apply to all criminal offences in New South Wales; not even to all serious offences. 

Rather, Table to Division 1A of the Act lists all of the offences that attract SNPPs as well as the corresponding non-parole periods that apply. The table is posted at the end of this article.

The impetus 

The tragic murder of 21-year old Mackenzie Anderson by her partner Tyrone Thompson is an event that tore apart a family and indeed a community.

Thompson stabbed Mackenzie 78 times in a frenzied attack in March 2022 just 16 days after being released on parole for assaulting the Newcastle woman and despite being subject to an apprehended domestic violence order.

Thompson was ultimately sentenced to 22 years and six months in prison for the murder, which was widely criticised as ‘manifestly inadequate’.

The horrific murder and resulting sentence led Mackenzie’s mother, Tabitha Acret, on a campaign to put in place better protections and greater deterrence measures for women at risk of serious domestic violence offences.

That campaign has contributed to the increased SNPP for domestic murder being introduced into parliament.

The reasoning

The state government has issued a media release which describes the legislation as being ‘part of its ongoing work to build a safer New South Wales’.

According to Attorney-General Michael Daley:

“A 25-year standard non-parole period reflects the community’s deep sense of outrage and the lasting harm these crimes cause.

“It is also about consistency and transparency, ensuring courts have a clear benchmark that reflects the severity of intimate partner homicide.”

The Minister for the Prevention of Domestic Violence and Sexual Violence, Jodie Harrison, states in the release:

“While today’s legislation is an important step, we know there is more to do. We will continue working with advocates, experts and victim-survivors to stop violence before it starts and support those impacted to rebuild their lives.”

Will it make any difference?

Despite the mainstream media hailing the change as an important step towards making women safer in our community, there is a strong argument that increasing the SNPP from 20 to 25 years will make very little, if any, difference in reality; in other words, it is unlikely to deter would-be offenders from committing domestic violence murders and will only make a negligible difference when it comes to setting non-parole periods.

Perhaps the development and implementation of better support services for vulnerable women (and men for that matter) and greater funding for those services, as well as educational initiatives are a superior pathway to effecting the cultural change needed to reduce the incidence of women being victimised by their current and former partners.

Current standard non-parole offences and periods in New South Wales