Individualised Justice through indigenous Community Reports in Sentencing

Anthony, T; Marchetti, E; Behrendt, L; Longman, C

Individualised Justice through indigenous Community Reports in Sentencing

Anthony, T

Marchetti, E Behrendt, L

Longman, C

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Publisher:: Thomson Reuters
Publication Type:: Journal Article
Citation:: Journal of Judicial Administration, 2017, 26 (3), pp. 121 - 140
Issue Date:: 2017-07-11

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Field	Value	Language
dc.contributor.author	Anthony, T https://orcid.org/0000-0002-0652-0731	en_US
dc.contributor.author	Marchetti, E	en_US
dc.contributor.author	Behrendt, L https://orcid.org/0000-0003-3027-7273	en_US
dc.contributor.author	Longman, C https://orcid.org/0000-0002-4718-9838	en_US
dc.date.issued	2017-07-11	en_US
dc.identifier.citation	Journal of Judicial Administration, 2017, 26 (3), pp. 121 - 140	en_US
dc.identifier.issn	1036-7918	en_US
dc.identifier.uri	http://hdl.handle.net/10453/116006
dc.description.abstract	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.	en_US
dc.publisher	Thomson Reuters	en_US
dc.relation.ispartof	Journal of Judicial Administration	en_US
dc.title	Individualised Justice through indigenous Community Reports in Sentencing	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	26	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Provost
pubs.organisational-group	/University of Technology Sydney/Provost/Jumbunna
pubs.organisational-group	/University of Technology Sydney/Strength - SIC - Strengthening Indigenous Communities
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.publication-status	Published	en_US
pubs.volume	26	en_US

Abstract:

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.

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http://hdl.handle.net/10453/116006