Inkamala v R 13 October 2004

The applicant was sentenced in the Alice Springs Supreme Court to a total effective sentence of 11 years imprisonment and a non parole period of 7 years and 9 months following his pleas of guilty to one count of deprivation of liberty and four counts of having sexual intercourse without consent on the grounds that the sentencing judge erred:-

• in imposing a sentence which was manifestly excessive,
• in failing to properly apply the totality principle, and
• in finding that the Sentencing Act required him to fix a non parole period of 70% in respect of the total effective sentence.

The Crown did not oppose the grant of leave on ground 3.

The appeal was heard and determined by the court on 20 April 2005. See under Decisions for a further note of the case.