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Sentencing of indigenous offenders in Victoria

Edney, Richard 2003, Sentencing of indigenous offenders in Victoria, Law institute journal, no. 5, pp. 32-35.

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Title Sentencing of indigenous offenders in Victoria
Author(s) Edney, Richard
Journal name Law institute journal
Issue number 5
Start page 32
End page 35
Publisher Law Institute of Victoria
Place of publication Australia
Publication date 2003-05
ISSN 0023-9267
Summary It is common knowledge, especially in the context of the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC),' that indigenous persons are over-represented at all stages of the criminal justice system. Unfortunately, little has changed since the RCIADIC and indigenous representation in prisons throughout the states and territories of Australia remains at high levels. What has come to prominence since the RCIADIC, particularly through the findings of the Human Rights and Equal Opportunity Commission in the 1997 report Bringing Them Home, is the notion of the Stolen Generation. For practitioners with indigenous clients, an important matter that may be put in mitigation is the effect of belonging to the Stolen Generation in terms of offering not only an explanation for offending, but also in terms of submissions put forward on behalf of the client pertaining to disposition. In this context, the Victorian Court of Appeal decision in R v Fuller-Cust is an important one, particularly the dissenting judgment of Eames J. His Honour, in a persuasive and well-reasoned judgment, suggests a method of sentencing indigenous offenders that relates questions of Aboriginality, the Stolen Generation and punishment.
Language eng
Field of Research 180101 Aboriginal and Torres Strait Islander Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Law Institute of Victoria
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Document type: Journal Article
Collection: Law
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