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Linkages: Mabo and the sentencing of indigenous offenders

journal contribution
posted on 2005-01-01, 00:00 authored by R Edney
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?

History

Journal

International journal of punishment and sentencing

Volume

1

Issue

1

Pagination

28 - 36

Publisher

Sandstone Academic Press

Location

Melbourne, Vic.

ISSN

1449-9045

Indigenous content

This research output may contain the names and images of Aboriginal and Torres Strait Islander people now deceased. We apologise for any distress that may occur.

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2005, Sandstone Academic Press

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