One of five teenagers convicted over the torture and murder of Tracy Muzyk nearly three decades ago will be eligible for release from jail in two months, after South Australia's Supreme Court set a new non-parole period.
Five teenagers were convicted over the prolonged torture and murder of Ms Muzyk in 1996.
The 18-year-old had been badly beaten, burnt with boiling water and cigarettes, stabbed and strangled.
One of her killers, Ian Bruce McKenzie, was granted parole to live in a pre-release centre in late 2021, but was taken back into custody a few months later after he was found in possession of contraband.
The Supreme Court today sentenced McKenzie for the contraband offences and set a new non-parole period for the murder.
With time already served, the now 44-year-old will be eligible for release from prison in two months.
McKenzie watched the proceedings from a video link from custody and clapped his hands together and thanked his lawyer when the sentence was delivered.
In his judgement, Justice Kevin Nicholson said the murder of Ms Muzyk was cruel and inhuman.
"The many acts of torture were barbaric and inhuman," he said.
Justice Nicholson also acknowledged McKenzie's troubled upbringing, and the fact he had spent most of his adult life in prison.
"[McKenzie] was also only 18 years old. He had grown up within a dysfunctional family,"Justice Nicholson said.
"After leaving school, he moved from one youth refuge to another. He involved himself with illegal drugs. On the day of the murder, he had taken heroin, and he described himself as being 'off my face'."
The court heard that after initially taking some time to "adjust to his institutional existence", McKenzie's behaviour in prison was "generally positive" and he was considered at low risk of violent reoffending.
"It became apparent that his offending had been linked to his drug use, and peer pressure by antisocial associates," Justice Nicholson said.
Parole sought in Victoria
After serving half his life in prison, McKenzie was released on parole in September 2021 under strict conditions.
Justice Nicholson said that initially McKenzie was "generally compliant" but the absence of any support network in South Australia was problematic.
"All of the applicant's family, including his very supportive mother, live in Victoria which is where the applicant grew up," Justice Nicholson said.
He said McKenzie's "rehabilitation efforts and prospects" would be "greatly enhanced should he be able to live in Victoria with his family's support".
"However, whilst the South Australian Parole Board has no objection to this, ultimately, it will be a matter for the Victorian parole authority who would have to assume lifelong supervision obligations," he said.
"At present, the applicant's application to transfer his parole to Victoria has been stalled, essentially because, on 24 May 2022 the South Australian Parole Board resolved to cancel the applicant's parole."
The court heard that in March 2021 officers found 10 suboxone strips, a white parcel described by McKenzie as "smack", a packet of tobacco and a USB memory stick, hidden in his underpants.
Multiple items were also found in his locker, including nine mobile phones.
McKenzie admitted "resorting to smoking some cannabis because of COVID isolation and harassment by other prisoners".
"He also explained that whilst outside, following his return to the Pre-Release Centre one day, he was threatened and 'stood over' by other men which caused him to agree to take contraband into the centre for the benefit of other prisoners," Justice Nicholson noted in his judgement.
'Peer pressure' behind barbarism, killer claimed
The judgement also included excerpts from the original sentencing judge's remarks detailing McKenzie's involvement in the horrific killing.
"You told [a social worker] that you were involved in the assault on [Tracy] at the house and that you continued on out into the paddock," the judgement stated.
"At the paddock you tried to stab [Tracy] with a star dropper. You also picked up a rock which took two people to hold and dropped it on [Tracy's] head. You then stabbed her to try and kill her.
"You told the social worker that the reason for your involvement was peer pressure because the others were egging you on."
A parole board report was provided to the Supreme Court outlining that McKenzie was a "vulnerable" man with no family supports in South Australia.
"The Parole Board would have no objection to a further non-parole period being set. It would be helpful if the Victorian authorities would indicate one way or another, whether they would accept [McKenzie's] supervision because that would give him some level of certainty. That, however, is not a matter which we can control," the parole board report said.
"[McKenzie's] vulnerability, does however, render him susceptible to involvement with other people who behave in an anti-social and criminal way. That can elevate his risk of reoffending."
Justice Nicholson said McKenzie needed a support network and it was "most unfortunate" that his mother and other family members lived interstate.
Justice Nicholson sentenced McKenzie to five months for the contraband offences, with an eight-month non-parole period for the murder, which was backdated to August last year.
It means McKenzie will be eligible for release in two months.
Justice Nicholson said it was important McKenzie had support when released.
"Whilst the breaches, standing alone, are not of a high order of seriousness, the applicant's continued association with illegal drugs, albeit at only a modest level, is a concern."
