R v Inge

The case of R v Inge involves Christopher Alexander Inge, who is serving a life sentence for murder and is seeking to have a non-parole period determined under s 47(3) of the Sentencing Act 2017 (SA). Inge’s parole was cancelled on 22 June 2021 after multiple breaches of the ‘no drug’ and ‘no alcohol’ parole conditions. The primary issue before the court was to determine the appropriate length of the non-parole period, taking into account relevant sentencing considerations such as rehabilitation prospects, the gravity of the offence, and the need for deterrence.

The court considered several factors in deciding the non-parole period. It noted that while Inge's prospects for rehabilitation on parole were uncertain, he had shown some progress in addressing his substance abuse issues since his return to custody. The court also highlighted the seriousness of the breaches of parole conditions, which involved repeated use of drugs and alcohol despite clear parole conditions. Balancing these considerations, the court concluded that a non-parole period of two years would adequately promote Inge’s rehabilitation and serve as a deterrent against future breaches. The decision was also influenced by the need to reflect the time required for Inge to genuinely commit to dealing with his drug habit and the importance of complying with parole conditions.

The court fixed a non-parole period of two years, backdated to commence from 1 March 2021 when Inge was last returned to custody. This decision ensures that Inge will be eligible to apply for parole after serving the determined non-parole period, leaving the final assessment of his suitability for release to the Parole Board. The court’s rationale focused on the need to balance rehabilitation and deterrence, considering Inge’s history of substance abuse and repeated parole breaches.