The Court fixed a new non-parole period of five years (commencing 16 October 2024) for an 86-year-old life sentence prisoner whose parole for murder was cancelled after he was convicted of maintaining an unlawful sexual relationship with a child. The Court confirmed, following R v [name withheld], that the mandatory minimum 20-year non-parole period under s 47(5)(b) of the Sentencing Act 2017 (SA) does not constrain the discretion when fixing a second non-parole period for the same life sentence. The non-parole period was set lower than it otherwise would have been due to the applicant's advanced age and fragility, balanced against the seriousness of both the original murder and the breaching offence, poor prospects of rehabilitation, lack of remorse, and community safety considerations.
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