R v Earley

The applicant, who had been convicted of the murder of Mark Charles Scott, applied to the Supreme Court of South Australia to fix a non-parole period for his sentence of life imprisonment. The case required the court to decide whether to exercise its discretion to decline to fix a non-parole period, and if so, to determine an appropriate non-parole period if it did not decline to fix one. The court considered the gravity of the offence, the applicant's criminal record, his behaviour during any period of release, and other relevant circumstances.

The court concluded that it was not appropriate to decline to fix a non-parole period despite the seriousness of the offence, the applicant's extensive antecedent history, and his disregard for conditions imposed on him during periods of release. These factors could be adequately addressed by imposing a severe non-parole period. The court also noted the applicant's commendable participation in courses, volunteer work, and paid employment, as well as his minimal resocialisation prior to release. However, the new offending demonstrated that the prospects of effective and enduring rehabilitation were still problematic. The court found that the need for the protection of the community warranted a lengthy non-parole period, and it fixed the non-parole period at 26 years, backdated to commence on 25 October 1989.

The court ordered that the non-parole period be fixed at 26 years, backdated to commence on 25 October 1989.