Individualised Justice through Indigenous Community Reports in Sentencing
There is a growing pool of research on court outcomes in sentencing Indigenous people but relatively little research on the information available to sentencing courts to consider Indigenous background. Although Australian courts mostly have discretion to consider Indigenous circumstances, such consi...
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ftgriffithuniv:oai:research-repository.griffith.edu.au:10072/378227 2024-06-23T07:52:51+00:00 Individualised Justice through Indigenous Community Reports in Sentencing Anthony, Thalia Marchetti, Elena Behrendt, Larissa Longman, Craig 2017 http://hdl.handle.net/10072/378227 English eng eng Lawbook Journal of Judicial Administration http://www.thomsonreuters.com.au/journal-of-judicial-administration-online/productdetail/97179 http://purl.org/au-research/grants/ARC/FT140100313 ARC http://hdl.handle.net/10072/378227 1036-7918 © 2017 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Judicial Administration and should be cited as Thalia Anthony, Individualised Justice through Indigenous Community Reports in Sentencing, (2017) 26 JJA 121. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. open access Courts and sentencing Aboriginal and Torres Strait Islander peoples and the law Journal article 2017 ftgriffithuniv 2024-06-12T00:09:39Z There is a growing pool of research on court outcomes in sentencing Indigenous people but relatively little research on the information available to sentencing courts to consider Indigenous background. Although Australian courts mostly have discretion to consider Indigenous circumstances, such consideration depends on submissions and reports tendered in court. The High Court in Bugmy v The Queen (2013) stated “it is necessary to point to material tending to establish [the defendant’s deprived] background” if it is to be relevant in sentencing.1 The main repository of court information on defendant background is counsel submissions and, where the defendant is facing imprisonment, Community Corrections’ Presentence Reports. Based on 18 interviews with judicial officers, lawyers and court staff in New South Wales and Victoria, this article identifies the need for more information on relevant Indigenous background factors in sentencing. The introduction of discrete Indigenous community reports that present Indigenous perspectives on the person’s background and rehabilitation was regarded as important for addressing the Bugmy requirement. This article makes reference to the wide-scale experience in Canada of First Nations presentence reports, known as “Gladue Reports”, and the more small-scale Australian experiences of Indigenous cultural reports, to indicate how this material can enhance individualised justice in sentencing Indigenous peoples. Full Text Article in Journal/Newspaper First Nations Griffith University: Griffith Research Online Canada |
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Griffith University: Griffith Research Online |
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English |
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Courts and sentencing Aboriginal and Torres Strait Islander peoples and the law |
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Courts and sentencing Aboriginal and Torres Strait Islander peoples and the law Anthony, Thalia Marchetti, Elena Behrendt, Larissa Longman, Craig Individualised Justice through Indigenous Community Reports in Sentencing |
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Courts and sentencing Aboriginal and Torres Strait Islander peoples and the law |
description |
There is a growing pool of research on court outcomes in sentencing Indigenous people but relatively little research on the information available to sentencing courts to consider Indigenous background. Although Australian courts mostly have discretion to consider Indigenous circumstances, such consideration depends on submissions and reports tendered in court. The High Court in Bugmy v The Queen (2013) stated “it is necessary to point to material tending to establish [the defendant’s deprived] background” if it is to be relevant in sentencing.1 The main repository of court information on defendant background is counsel submissions and, where the defendant is facing imprisonment, Community Corrections’ Presentence Reports. Based on 18 interviews with judicial officers, lawyers and court staff in New South Wales and Victoria, this article identifies the need for more information on relevant Indigenous background factors in sentencing. The introduction of discrete Indigenous community reports that present Indigenous perspectives on the person’s background and rehabilitation was regarded as important for addressing the Bugmy requirement. This article makes reference to the wide-scale experience in Canada of First Nations presentence reports, known as “Gladue Reports”, and the more small-scale Australian experiences of Indigenous cultural reports, to indicate how this material can enhance individualised justice in sentencing Indigenous peoples. Full Text |
format |
Article in Journal/Newspaper |
author |
Anthony, Thalia Marchetti, Elena Behrendt, Larissa Longman, Craig |
author_facet |
Anthony, Thalia Marchetti, Elena Behrendt, Larissa Longman, Craig |
author_sort |
Anthony, Thalia |
title |
Individualised Justice through Indigenous Community Reports in Sentencing |
title_short |
Individualised Justice through Indigenous Community Reports in Sentencing |
title_full |
Individualised Justice through Indigenous Community Reports in Sentencing |
title_fullStr |
Individualised Justice through Indigenous Community Reports in Sentencing |
title_full_unstemmed |
Individualised Justice through Indigenous Community Reports in Sentencing |
title_sort |
individualised justice through indigenous community reports in sentencing |
publisher |
Lawbook |
publishDate |
2017 |
url |
http://hdl.handle.net/10072/378227 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
Journal of Judicial Administration http://www.thomsonreuters.com.au/journal-of-judicial-administration-online/productdetail/97179 http://purl.org/au-research/grants/ARC/FT140100313 ARC http://hdl.handle.net/10072/378227 1036-7918 |
op_rights |
© 2017 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Judicial Administration and should be cited as Thalia Anthony, Individualised Justice through Indigenous Community Reports in Sentencing, (2017) 26 JJA 121. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. open access |
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1802644264608333824 |