SUPREME COURT OF SOUTH AUSTRALIA
(Criminal: Application)
R v INGE
[2025] SASC 12
Reasons for Decision of the Honourable Justice Kimber
20 February 2025
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - NON-PAROLE PERIOD OR MINIMUM TERM - SOUTH AUSTRALIA
CRIMINAL LAW - SENTENCE - SENTENCING ORDERS - CUSTODIAL ORDERS - LIFE SENTENCE - REDETERMINATION OR SETTING OF MINIMUM TERM OR NON-PAROLE PERIOD
This is an application to fix a non-parole period pursuant to s 47(3) of the Sentencing Act 2017 (SA).
The applicant was sentenced to life imprisonment for murder and is not subject to an existing non‑parole period. The applicant’s parole was cancelled on 23 July 2024 following several breaches of the conditions of his parole, namely the ‘no drug’ condition; the ‘no alcohol’ condition; the condition that he not attend a licenced premise; the curfew condition; and the condition that he obey instructions.
The applicant seeks the fixing of a non-parole period which permits him to apply for parole immediately.
Held:
1. A non-parole period of 20 months is to be fixed, backdated to commence from 13 May 2024.
Sentencing Act 2017 (SA) s 47(3), referred to.
Foley v Police [2008] SASC 338; R v Earley [2014] SASC 202; R v Inge [2022] SASC 122, applied.
R v Schultz (1997) 68 SASR 377; Inge v The Queen (1999) 199 CLR 295; R v Inge (2000) 76 SASR 118, considered.
R v INGE
[2025] SASC 12Criminal: Application to fix a non‑parole period
KIMBER J:
This is an application to fix a non‑parole period pursuant to s 47(3) of the Sentencing Act 2017 (SA) (the Act). Christopher Alexander Inge (the applicant) is serving a sentence of life imprisonment for murder but is not subject to an existing non‑parole period. On 23 July 2024, the parole of the applicant was cancelled after breaching the conditions of his parole, namely the ‘no drug’ condition; the ‘no alcohol’ condition; the condition that he not attend a licenced premise; the curfew condition; and the condition that he obey instructions.
For the reasons below, I fix a non‑parole period of 20 months to commence on 13 May 2024.
Background[1]
The offence and sentence
[1] Significant aspects of the background to this application are taken from R v Inge [2022] SASC 122, a judgment of Stanley J dealing with an earlier application by Mr Inge to fix a non‑parole period.
After entering a guilty plea to murder, the applicant was sentenced to life imprisonment with a non‑parole period of 18 years. That sentence commenced on 12 December 1995. The facts upon which the applicant was sentenced were summarised in the sentencing remarks of Millhouse J and subsequent appeal judgments.[2]
The applicant, his sister, and his sister’s boyfriend had been drinking together on the evening of 4…
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- R v Inge [2025] SASC 12
- Case
- [2025] SASC 12
- Decision Date
CaseChat Overview and Summary
The court considered various factors in determining the non-parole period, including the nature and circumstances of the crime, the applicant's background and personal circumstances, and his conduct while in custody. The court acknowledged the applicant's remorse and his positive behaviour in prison, which were mitigating factors. However, it also emphasised the gravity of the crime, noting that the victim was defenceless and the attack was particularly brutal. The court found that the original non-parole period of 18 years was excessive given the applicant's conduct in prison and his remorse. After weighing all the relevant factors, the court decided to reduce the non-parole period to 20 months.
The court's decision was based on a careful balance of the mitigating and aggravating factors. The applicant's remorse and good conduct in custody were significant mitigating factors, but the court also had to consider the need to maintain public confidence in the criminal justice system. The court concluded that a non-parole period of 20 months was appropriate, reflecting both the seriousness of the crime and the applicant's behaviour since his imprisonment. The court set this period to commence on 13 May 2024, the date the applicant was last returned to custody.
The final orders of the court were that the non-parole period for the applicant's life sentence be fixed at 20 months, with this term to commence on 13 May 2024. This decision means that the applicant will be eligible to apply for parole after serving an additional 20 months from that date.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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