When fixing a new non-parole period under s 32(3) of the Criminal Law (Sentencing) Act 1988 (SA) after parole cancellation, the court must apply the same principles as for fixing an original non-parole period, with the additional factor of the gravity of the breaching conduct. A breach involving a single positive drug test without further criminal conduct, in the context of a known drug addiction, does not justify a non-parole period that deprives the offender and the community of the rehabilitative opportunity of parole for a disproportionately long period relative to the head sentence. Non-parole periods will generally fall between one half and three quarters of the head sentence.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.