Mandatory Sentencing (NT)
In the Northern Territory, there are numerous offences that carry a mandatory minimum term of imprisonment. This is intended to act as a deterrent from committing offences that are particularly serious or prevalent. While all Australian jurisdictions have some form of mandatory sentencing, the NT’s provisions are particularly extensive and are not limited to very serious categories of offence. The NT’s mandatory sentencing regime has been the subject of a lot of controversy over the years, with lawyers, judges and civil libertarians calling for an end to the practice, which leads to higher incarceration rates and more recidivism. This article outlines the mandatory sentencing provisions that exist under NT law.
Aggravated property offences
Under section 78B of the Sentencing Act, when a person in the NT is found guilty of an aggravated property offence, the court must impose a term of imprisonment or a Community Work Order (CWO) unless there are exceptional circumstances. If a term of imprisonment is imposed, it must be served as actual jail time or as home detention (in other words, it cannot be a suspended sentence).
Aggravated property offences include unlawful entry, unlawful use of motor vehicle and assault with intent to steal.
‘Exceptional circumstances’ are not defined in the legislation and this exception has not been examined in case law.
Violent offences
The Sentencing Act contains mandatory sentencing provisions in relation to violent offences. These are divided into five categories, each of which carries a different mandatory minimum sentence. The minimum sentences that apply to each category of violent offence, depending on the offender’s record and whether there are aggravating circumstances, are set out in the table below.
| Level of violence | Type of offence | Aggravating factor | Mandatory minimum sentence |
|---|---|---|---|
| Level 5 | First violent offence | Three months imprisonment | |
| Level 5 | Second or subsequent violent offence | 12 months imprisonment | |
| Level 4 | Any | Three months imprisonment | |
| Level 3 | First violent offence | Victim suffers harm | Actual jail |
| Level 3 | Second or subsequent violent offence | Three months imprisonment | |
| Level 2 | Actual jail | ||
| Level 1 | Second or subsequent violent offence | Actual jail |
However, if the court is satisfied that exceptional circumstances exist in a matter where a mandatory minimum term of imprisonment applies, it does not have to impose the mandatory minimum term, but it must still impose a term of imprisonment that is not wholly suspended (in other words, actual jail).
Section 78CA of the Sentencing Act sets out which offences are included in each of the five levels. It provides that unlawfully causing serious harm, assault with intent to steal and assault on police and workers where a weapon is used and harm is caused are Level 5 offences. Level 4 offences include assault on workers and police. Level 3 offences include common assaults and offences involving choking or strangulation in a domestic violence context. Level 2 offences include unlawfully causing harm. Any other violent offence is a Level 1 offence.
Breach DVOs
Mandatory sentencing for the offence of breaching a DVO was abolished in the NT in 2022 but reintroduced in 2025. However, the new mandatory sentencing scheme operates differently to the old one.
Under the Domestic and Family Violence And Victims Legislation Amendment Act 2025, a person found guilty of breaching a DVO must be sentenced to actual imprisonment in the following circumstances:
- Where the offence involved harm or a threat
- Where the offence was the person’s second offence
- Where the person is being sentenced for three or more offences committed within a 28-day period.
Minimum non-parole periods
The Sentencing Act also sets out mandatory minimum non-parole periods in relation to a number of offences, which is another form of mandatory sentencing.
When sentencing a person for sex without consent (under section 192 of the Criminal Code) and for certain serious drug offences, such as supplying or manufacturing a commercial quantity of a dangerous drug, a court must set a non-parole period of not less than 70% of the term of imprisonment that is imposed.
When sentencing an adult for certain sexual offences where the victim is a child under 16, courts must set a non-parole period of not less than 70% of the term of imprisonment that is imposed.
When a person is found guilty of murder in the NT, they are sentenced to mandatory life imprisonment with a minimum non-parole period of 20 years.
Criticisms of mandatory sentencing
The NT’s mandatory sentencing regime has been amended numerous times. The provisions have been much criticised for politicising crime and justice and for contributing to the rising incarceration rate, particularly among the Indigenous population.
Mandatory sentencing has also been criticised as an interference with the separation of powers as it fetters the discretion of judges and magistrates to deal with individual matters that come before the court appropriately based on the circumstances of each case.
Supporters of mandatory sentencing say that the prospect of imprisonment acts as a deterrent and that mandatory sentencing laws protect the community and promote consistency in sentencing.
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