Linkages: Mabo and the sentencing of indigenous offenders

Edney, Richard 2005, Linkages: Mabo and the sentencing of indigenous offenders, International journal of punishment and sentencing, vol. 1, no. 1, pp. 28-36.

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Title Linkages: Mabo and the sentencing of indigenous offenders
Author(s) Edney, Richard
Journal name International journal of punishment and sentencing
Volume number 1
Issue number 1
Start page 28
End page 36
Publisher Sandstone Academic Press
Place of publication Melbourne, Vic.
Publication date 2005
ISSN 1449-9045
Summary The ground breaking decision by the High Court of Australia in Mabo v Queensland (No 2) overturned the principle of terra nullis as a legal fiction. It paved the way for a reconsideration of property law. Mabo arguably has significance beyond native title and property law to other areas of the law. This article examines the 'linkage' between the decision in Mabo and the criminal law and, in particular, the punishment of indigenous persons, it addresses the following question: Can a significantly distant temporal and physical act of dispossession as was recognized in Mabo have any relevance to contemporary questions of the punishment of indigenous persons?
Language eng
Field of Research 180101 Aboriginal and Torres Strait Islander Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2005, Sandstone Academic Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003185

Document type: Journal Article
Collection: School of Law
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