Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory

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Hemming, Andrew. 2011. "Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory." Northern Territory Law Journal. 1 (6), pp. 305-328.
Article Title

Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory

Article CategoryArticle
Authors
AuthorHemming, Andrew
Journal TitleNorthern Territory Law Journal
Journal Citation1 (6), pp. 305-328
Number of Pages24
Year2011
Place of PublicationSydney, Australia
Abstract

This paper examines inadequate sentencing as a predictor of the ongoing cycle of violence inflicted on women by male offenders from Aboriginal communities in the Northern Territory. The contention is made that judges have placed undue weight on the prospects of rehabilitation and too little weight on the protection of the community and deterrence. Compelling statistical evidence reveals that female Aboriginals are the most vulnerable members of Australian society to violence and sexual assault, which it is contended calls for especial vigilance. The paper criticises the court’s interpretation in R v Wunungmurra of s 91 of the Northern Territory National Emergency Response Act 2007 (Cth) which expressly prohibits a court from taking into account customary law as an excuse for criminal behaviour, suggesting that the case demonstrates a long-established pattern of courts favouring the evidence of the perpetrator over the weight given to the victim impact statement. The paper predicts that until the imbalance changes, the male version of customary law will continue to oppress women.

Keywordsviolence; women; aboriginal; Northern Territory; sentencing
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
450599. Aboriginal and Torres Strait Islander peoples, society and community not elsewhere classified
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Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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