Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 305

Punishment of murder

305 Punishment of murder

(1) Any person who commits the crime of murder is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992 .
(2) If the person is being sentenced—
(a) on more than 1 conviction of murder; or
(b) on 1 conviction of murder and another offence of murder is taken into account; or
(c) on a conviction of murder and the person has on a previous occasion been sentenced for another offence of murder;
the court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 30 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006 .
(3) Subsection (2) (c) applies whether the crime for which the person is being sentenced was committed before or after the conviction for the other offence of murder mentioned in the paragraph.
(4) If—
(a) the person killed was a police officer at the time the act or omission that caused the person’s death was done or made; and
(b) the person being sentenced did the act or made the omission that caused the police officer’s death—
(i) when—
(A) the police officer was performing the officer’s duty; and
(B) the person knew or ought reasonably to have known that he or she was a police officer; or
(ii) because the police officer was a police officer; or
(iii) because of, or in retaliation for, the actions of the police officer or another police officer in the performance of the officer’s duty;
the court sentencing the person must make an order that the person must not be released from imprisonment until the person has served a minimum of 25 or more specified years of imprisonment, unless released sooner under exceptional circumstances parole under the Corrective Services Act 2006 .
(5) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for the crime of murder.



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