The power under s 19(5) of the Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT) to refuse to fix a non-parole period may only be exercised where the crime fits within the worst category of murder and the level of culpability is 'so extreme' that the community interest in retribution, punishment, protection and deterrence can only be met by life imprisonment without parole. The court cannot refuse to fix a non-parole period solely on the basis that the prisoner is dangerous and likely to reoffend. On a Director's application under s 19, the burden rests on the Director; facts adverse to the prisoner must be proved beyond reasonable doubt; post-sentence evidence is admissible if relevant to seriousness, culpability, or the specified community interests.
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