Inkemala v The Queen

The appeal concerned a challenge to the non-parole period imposed on the applicant, Inkemala, by the sentencing court. The appeal was brought before the Court of Appeal of Western Australia.

The central legal issue before the Court of Appeal was whether there had been an error of principle in the calculation of the non-parole period. The applicant argued that the sentencing judge had erred in how they determined this period, even though the head sentence was not being challenged.

The Court of Appeal found that an error of principle had indeed occurred in the calculation of the non-parole period. While the head sentence was to remain unaltered, the Court determined that the non-parole period required amendment to rectify the identified error. Consequently, the appeal was allowed, and the non-parole period was amended accordingly.