New Zealand mosque killer faces an ‘unprecedented’ life sentence in prison without parole

New Zealand mosque killer faces an ‘unprecedented’ life sentence in prison without parole – but may avoid terror charges

  • Brenton Tarrant was charged with murder after Christchurch mosque massacres
  • He faces ‘unprecedented’ sentence that bars him from ever applying for release
  • Alleged crimes were so extreme they could warrant heaviest sentence imposed in New Zealand since the abolition of the death penalty in 1961
  • But one expert suggested prosecutors may shy away from terror charges 

The New Zealand mosque killer faces an ‘unprecedented’ sentence that bars him from ever applying for release, but could yet dodge terror charges, legal experts say.

Brenton Tarrant has been charged with one initial count of murder over the mass shootings that killed 50 people in the southern city of Christchurch and faces life in prison.

In New Zealand, being found guilty of murder usually comes with a minimum of 10 years in jail before possible parole.

Legal experts said the 28-year-old Australian’s alleged crimes were so extreme they could warrant the heaviest sentence imposed by a judge in the South Pacific nation since the abolition of the death penalty in 1961.

But one academic said prosecutors may shy away from terror charges – despite Prime Minister Jacinda Ardern labelling the massacre an act of terrorism.

The New Zealand mosque killer faces an ‘unprecedented’ sentence that bars him from ever applying for release, but could yet dodge terror charges, legal experts say. Brenton Tarrant (pictured) has been charged with one initial count of murder over the mass shootings that killed 50 people in the southern city of Christchurch and faces life in prison

Police are continuing to conduct searches around Christchurch today (pictured) as they probe the mass shooting

Police are continuing to conduct searches around Christchurch today (pictured) as they probe the mass shooting

Worshippers are pictured leaving the Al Noor Mosque today - days after it was the target of a mass killing

Worshippers are pictured leaving the Al Noor Mosque today – days after it was the target of a mass killing 

‘He may be sentenced to imprisonment without parole. There is a very significant possibility,’ criminal lawyer Simon Cullen told AFP, adding that such a sentence would be ‘unprecedented’.

‘This would seem to be… the type of situation that may well attract consideration of that type of sentence.’

The longest-ever murder sentence imposed in New Zealand was in 2001 when a judge sentenced William Bell to life imprisonment with a 30-year minimum term for a triple murder.

University of Auckland criminal procedure expert Bill Hodge said despite Prime Minister Jacinda Ardern labelling the massacre an act of terrorism, prosecutors may shy away from terror charges.

The Terrorism Suppression Act was only introduced in 2002, after the US 9/11 attacks and is untested in the courts.

‘We haven’t used our terrorism laws previously and the laws are designed to inhibit or prosecute those involved with groups and financing and publications and the like,’ Hodge told AFP.

‘I don’t think there’s any reason to use statues that have not been used previously when the Crimes Act – murder, attempted murder, manslaughter – are perfectly functional and well-understood.’

Hodge said charging Tarrant under terrorism laws risked extending the appeals process.

Prime Minister Jacinda Ardern hugs a mosque-goer at the Kilbirnie Mosque on Sunday, as she meets with members of the Islamic community

Prime Minister Jacinda Ardern hugs a mosque-goer at the Kilbirnie Mosque on Sunday, as she meets with members of the Islamic community

Tarrant was arrested on the sidewalk by two training police officers on Friday after he allegedly shot and killed 50 Muslim worshipers

Tarrant was arrested on the sidewalk by two training police officers on Friday after he allegedly shot and killed 50 Muslim worshipers

‘It has not been tested in the appeal procedure. Appeals courts point out where the problems might be.’

While 50 people were killed in the rampage, police have so far charged Tarrant with one count of murder.

This is not unusual in New Zealand, with the first alleged offence used as a ‘holding’ charge as police carry out their investigation, Cullen added.

Meanwhile, experts said the charges faced by an 18-year-old, whose name was suppressed by a court Monday, for distributing Tarrant’s livestream video of the deadly shooting were also breaking new ground.

The teenager was charged with two counts for sharing the livestream of the attack and for making ‘objectionable’ online publications about one of the mosques.

The teenager is so far not believed by police to be directly involved in his attacks.

Hodge said the law is commonly used to prosecute people accused of sharing pornography and child pornography.

‘I’m not aware of using it for terrorism-related subjects. It’s unusual… when it is used for sharing something which is a news event,’ he said.

 

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