Factors bearing upon the public interest in fixing a preclusion period under clause 6(4) of Schedule 1 of the Crimes (Sentencing Procedure) Act 1999 include the impact of sentences for other crimes on the actual period of imprisonment served for the subject murder, the adequacy of the evidentiary foundation for assessing the statutory criteria (particularly protection of the community), and the heinousness of the murder. Where an applicant has committed other serious crimes resulting in lengthy sentences, it is relevant to consider what period of imprisonment has been served solely referable to the subject murder conviction. A 20-year preclusion period, while exceptionally long, was upheld in circumstances involving a self-confessed thrill killer with multiple murders and an attempted murder in custody.
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