Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/46862
Title: Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen
Contributor(s): Charlton, Guy C  (author)orcid 
Publication Date: 2021
Handle Link: https://hdl.handle.net/1959.11/46862
Abstract: Over incarceration of Indigenous Offenders has been a long standing problem across many states. This over-incarceration had had significant adverse effects on indigenous communities. This article argues that the High Court analysis of Indigenous sentencing in Bugmy v The Queen unnecessarily and unconvincingly establishes a set of systemic and individualised factors that seek to address indigeneity in sentencing. It argues that the systemic factors dismissed by the Court court as part of an individualised sentencing process have already been used by in state and Commonwealth policy as well as the common law. As such, the failure to embrace a Canadian Gladue-type approach or the approach of the New Zealand Courts in Bugmy due to individualised justice and formal equality concerns not only misconstrues the extent to which aboriginality as a background consideration is already a factor in Aboriginal sentencing in Australia but also undercuts the development of the common law in sentencing.
Publication Type: Journal Article
Source of Publication: Australian Bar Review, v.50, p. 427-445
Publisher: LexisNexis Butterworths
Place of Publication: Australia
ISSN: 0814-8589
Fields of Research (FoR) 2020: 480302 Comparative law
480401 Criminal law
Socio-Economic Objective (SEO) 2020: 230403 Criminal justice
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Appears in Collections:Journal Article
School of Law

Files in This Item:
1 files
File SizeFormat 
Show full item record

Page view(s)

1,122
checked on Mar 9, 2023

Download(s)

4
checked on Mar 9, 2023
Google Media

Google ScholarTM

Check


Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.