Martin Leach (Australian murderer)

Martin Leach
Martin Leach
Born	11 January 1959 (1959-01-11) (age 52) New Zealand
Charge(s)	Rape Murder x 2
Penalty	3 x Life imprisonment without parole
Status	Imprisoned
Occupation	Mechanic
Spouse	Geraldine Leach
Children	2

Martin Leach (born 11 January 1959 in New Zealand),^[1] is a convicted rapist and double murderer, and has been described as one of, if not the Northern Territory's (Australia) worst killer.^[2]

Leach is currently imprisoned at the Alice Springs Correctional Centre,^[1] serving three consecutive life sentences for his crimes.

Early life

Leach met his wife when aged sixteen and they married in 1979. In 1978, Leach had been involved in a serious motor vehicle accident near Mataranka which left him seriously injured.^[1]

Rape

In 1979, Leach raped a woman at knifepoint after breaking into her house. He was sentenced to three years imprisonment.

In June 1982, Leach was released from prison and resumed his relationship with his wife and held a job for some time with a cleaning company. He was made redundant in December 1982 and, apart from employment for a period of one week in March 1983, he remained unemployed. His wife was in full time employment.

Double murder

On 20 June 1983, an eighteen year old local woman, Janice Carnegie, and her fifteen year old cousin, Charmaine Aviet, were swimming at a popular recreational waterhole at Berry Springs. Leach watched the girls for some time, before forcing them at knifepoint to accompany him to a nearby gully.

He stabbed Janice in the stomach when she attempted to reach for Leach's knife. Following the stabbing, he then raped her. He stabbed and killed Charmaine, then stabbed Janice in the neck; a pathologist testified it probably took her five to 10 minutes to die. Their naked bodies were later found bound and gagged in a shallow grave.^[1]

Trials and appeals

On 10 May 1984, Leach was charged with two counts of murder and one count of rape. Six days later he was convicted by a jury on all three counts, and Judge Muirhead sentenced him to imprisonment for life on each count, to run consecutively, and to commence on the expiry of a three-month sentence for assaulting a prison officer while on remand.

At the time he was sentenced for murdering the two girls, there was no power to fix a non-parole period for life sentences in the Northern Territory and the only possibility of release was executive clemency. Legislation came into effect in 2004 providing for non-parole periods for life sentences for murder after that date; for an offender already serving life sentence(s), a section provided that the sentence be taken to include a 20 year non-parole period, or 25 years for those jailed for aggravated murder; on that basis, Leach would have been eligible for parole in 2009.

Less than a month after the law took effect, the DPP made an application to revoke Leach's non-parole period, and order that he spend the remainder of his life in jail. It was granted by Chief Justice Brian Martin, and upheld in a majority decision by the NT Court of Criminal Appeal, who ruled that his culpability was so extreme that the community's interest could only be served if he was imprisoned for the term of his natural life without the possibility of release on parole; the dissenting judge, Justice Stephen Southwood, said that he would have fixed a non-parole period of 40 years, making Leach eligible for parole in 2024 at the age of 65.

Leach appealed to the High Court, arguing that Chief Justice Martin had not shown he was satisfied beyond reasonable doubt that Leach's culpability was so extreme as to require a life sentence without parole. High Court judges found Justice Martin had applied the correct tests: High Court Chief Justice Murray Gleeson remarked that "He considered each of the specific aspects of community interest ... and ultimately came to the conclusion that he should refuse to fix a non-parole period". Judges also described Leach's crimes as "horrific" and said he had shown no remorse.

Leach will now die in jail, having officially exhausted all avenues of appeal.

References

1. ^ ^{a b c d} The Queen v Leach NTSC60 Supreme Court of the Northern Territory, 12 November 2004
2. ^ AAP (6 February 2007). "Killer to die in jail, court rules". The Australian. http://www.theaustralian.news.com.au/story/0,25197,21180374-5006790,00.html. Retrieved 19 April 2009. 

Persondata
Name	Leach, Martin
Alternative names
Short description
Date of birth	11 January 1959
Place of birth	New Zealand
Date of death
Place of death