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26859[WGAR-news] Indigenous imprisonment rates: Australia needs better sentencing: Louise Taylor, The Guardian

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  • WGAR News
    Oct 5, 2013
      Indigenous imprisonment rates: Australia needs better sentencing:
      Louise Taylor, The Guardian


      Newsletter date: 6 October 2013

      This newsletter: http://indymedia.org.au/2013/10/05/wgar-news-indigenous-imprisonment-rates-australia-needs-better-sentencing-the-guardian

      Contents:

      * Aboriginal Legal Service (NSW/ACT): First time in 30 years - High Court judgement on Aboriginality in sentencing to be handed down
      * NIRS 'Weekly News In Review': Bumma Bippa Radio Service interviews Felicity Graham, instructing solicitor for the NSW Aboriginal Legal Service
      * Clare Quirk, Warrnambool Standard: South-west elder praises indigenous appeal decision [Featuring Aboriginal Elder Lenny Clarke]
      * Louise Taylor, The Guardian: Indigenous imprisonment rates: Australia needs better sentencing [About the High Court finding]
      * Jane Lee, SMH: Judges told to consider history when sentencing
      * ABC News Video: Indigenous disadvantage does not diminish over time, High Court rules
      * SBS Radio News: Aboriginality and setting a sentence
      * Clare Rawlinson, ABC News: Mandatory sentencing [laws in the NT] blocks disadvantage ruling [by the High Court]
      * The Wire Audio: High court says Indigenous disadvantage does not dimish

      * Let's Talk's Tiga Bayles interviews Priscilla Collins, CEO of the North Australian Aboriginal Justice Agency, about Aboriginal imprisonment

      * SBS Aboriginal Audio: Naming and Shaming Young Offenders

      * Perth Now: WA prisoners cost $115,000 a year each new figures show

      * Gerry Georgatos, The Stringer: Kimberley's Aboriginal peoples old at 45 years

      * Background to Justice Reinvestment, Aboriginal imprisonment and Aboriginal Deaths in Custody


      * ABORIGINAL LEGAL SERVICE (NSW/ACT):
      FIRST TIME IN 30 YEARS
      - HIGH COURT JUDGEMENT ON ABORIGINALITY IN SENTENCING TO BE HANDED DOWN



      - News

      Aboriginal Legal Service (NSW/ACT):
      ALS News: First time in 30 years
      - High Court judgement on Aboriginality in sentencing to be handed down

      http://www.alsnswact.org.au/news_items/94
      30 Sep 13: "Central to the Aboriginal Legal Service
      arguments to the High Court was the contention that the
      effects of social deprivation can worsen over time,
      particularly for Aboriginal people from remote
      disadvantaged communities subject to frequent jailing. The
      Aboriginal Legal Service is concerned that the lack of
      weight being given to personal circumstances of
      socioeconomic deprivation is contributing to the very high
      rates of Aboriginal over-representation in the criminal
      justice system in Australia for Aboriginal juveniles
      (more than 50%) and Aboriginal adults (more than 25%)."


      * NIRS 'WEEKLY NEWS IN REVIEW':
      BUMMA BIPPA RADIO SERVICE INTERVIEWS FELICITY GRAHAM,
      INSTRUCTING SOLICITOR FOR THE NSW ABORIGINAL LEGAL SERVICE



      - Audio Interviews

      National Indigenous Radio Services 'Weekly News In Review'
      https://www.dropbox.com/s/2wx7kbxm6omj3up/NIRS%20Weekly%20News%20In%20Review%204%20October%202013.mp3
      4 Oct 13: "In this week’s news in review, Bumma Bippa Radio
      Service interviews Felicity Graham, instructing solicitor
      for the New South Wales Aboriginal Legal Service. The ALS
      acted on behalf of John Bugmy, a Koori man from Wilcannia.
      The ALS successfully argued that social deprivation does
      not diminish over time, and as such, should be considered
      in court sentencing. The High Court of Australia
      unanimously agreed with the agreement, and Mr Bugmy’s case
      will now go back to the appeals court for re-assessment. ... "


      * CLARE QUIRK, WARRNAMBOOL STANDARD:
      SOUTH-WEST ELDER PRAISES INDIGENOUS APPEAL DECISION
      [FEATURING ABORIGINAL ELDER LENNY CLARKE]



      - News

      Warrnambool Standard:
      South-west elder praises indigenous appeal decision

      http://www.standard.net.au/story/1819202/south-west-elder-praises-indigenous-appeal-decision/
      4 Oct 13: "A SOUTH-WEST Aboriginal elder has welcomed a
      High Court decision which would see judges consider an
      Aboriginal offender’s background when it came to sentencing.
      The court found that indigenous disadvantage didn’t diminish
      over time and should be given "full weight" in criminal
      sentencing. Elder Lenny Clarke said a person’s entire
      background needed to be taken into account in the sentencing
      procedure. "If you don’t, you’re not looking at the whole
      case properly," he said. Mr Clarke said Australia should be
      ashamed of the high prison rates for Aboriginal people."
      By Clare Quirk


      * LOUISE TAYLOR, THE GUARDIAN:
      INDIGENOUS IMPRISONMENT RATES:
      AUSTRALIA NEEDS BETTER SENTENCING
      [ABOUT THE HIGH COURT FINDING]



      - Analysis / Opinion

      The Guardian:
      Indigenous imprisonment rates: Australia needs better sentencing

      http://www.theguardian.com/commentisfree/2013/oct/03/australia-sentencing-aboriginal-imprisonment-rates
      3 Oct 13: "Yesterday Australia's high court found that
      social disadvantage should be taken into account in
      sentencing, and does not diminish over time. Lawyers for
      William Bugmy,an Aboriginal man who had intentionally
      caused grievous bodily harm to a prison officer, had asked
      the court to consider principles for recognising Indigenous
      disadvantage in sentencing. This was the first time in
      decades that the high court looked at the sentencing of
      Aboriginal offenders, and this fact alone makes the
      decision an important one." Louise Taylor,
      an Aboriginal (Kamilaroi) woman,
      a barrister/solicitor practising in the Australian Capital Territory


      Louise Taylor
      http://www.theguardian.com/profile/louise-taylor
      "Louise Taylor is an Aboriginal (Kamilaroi) woman and a
      barrister/solicitor practising in the Australian Capital
      Territory. Louise is the convenor of the Women's Legal
      Centre, an Indigenous Law Centre associate, and a member of
      the Law Council of Australia's Indigenous Legal Issues
      Committee. Her piece is written in a personal capacity."


      * JANE LEE, SMH:
      JUDGES TOLD TO CONSIDER HISTORY WHEN SENTENCING



      - News

      SMH: Judges told to consider history when sentencing
      http://www.smh.com.au/national/judges-told-to-consider-history-when-sentencing-20131002-2usv1.html
      3 Oct 13: "Judges will need to consider the Aboriginal
      background of an offender when sentencing them, after a
      High Court decision ruled that the effects of profound
      disadvantage do not diminish over time. The High Court
      ruled for the first time on Wednesday that a person's
      Aboriginal background may reduce their sentence if they
      come from a deprived or disadvantaged background. It also
      ruled that this was one of several factors that judges had
      to consider, including the seriousness of an offence and
      the extent to which the victim has been harmed."
      Jane Lee, Legal Affairs Reporter for The Age


      * ABC NEWS VIDEO:
      INDIGENOUS DISADVANTAGE DOES NOT DIMINISH OVER TIME,
      HIGH COURT RULES



      - Video

      ABC News:
      Indigenous disadvantage does not diminish over time, High Court rules
      Decision could mean less Indigenous in prison
      By Gordon Taylor

      http://www.abc.net.au/news/2013-10-02/high-court-aboriginality-indigenous-william-bugmy/4993394?section=wa
      2 Oct 13: "Ms Graham [Felicity Graham from the NSW
      Aboriginal Legal Service] says the court's decision was
      being watched closely by Indigenous Australians and
      lawyers around the country. Ms Graham says the court's
      ruling could bring down the number of Indigenous
      Australians in prison. "The High Court has directed
      sentencing courts to give full weight to the background
      factors relating to Aboriginality and social disadvantage
      and so this certainly could have an impact on the trends
      of over-representation of Aboriginal people in the
      criminal justice system," she said."


      - Related Video

      NITV News: High Court considers Aboriginality in sentencing
      The High Court today ruled that the experiences of Aboriginal
      people must be considered when handing down sentences.

      By Brooke Boney

      http://www.sbs.com.au/news/article/2013/10/02/high-court-considers-aboriginality-sentencing
      2 Oct 13: "The decision was in relation to an assault case
      involving an Aboriginal man from Wilcannia in Western New
      South Wales. The High Court ruled that in the case of Mr
      William Bugmy, history of incarceration and exposure to
      violence must be considered."


      * SBS RADIO NEWS:
      ABORIGINALITY AND SETTING A SENTENCE



      - Audio

      SBS Radio News: Aboriginality and setting a sentence
      By Ron Sutton

      http://www.sbs.com.au/podcasts/Podcasts/radionews/episode/292459/Aboriginality-and-setting-a-sentence
      2 Oct 13: "The High Court has confirmed that Aboriginality
      and a socially deprived background can be lasting factors
      to consider in sentencing. ... The case of William Bugmy
      had been heralded as the first chance in decades to firmly
      establish that the tribulations of Aboriginality in
      Australia should be a factor in setting prison terms. Now,
      William Bugmy -- well, the Aboriginal Legal Service --
      has had its day in court. And it's walked away happy.
      Ron Sutton reports."


      * CLARE RAWLINSON, ABC NEWS:
      MANDATORY SENTENCING [LAWS IN THE NT]
      BLOCKS DISADVANTAGE RULING [BY THE HIGH COURT]



      - News

      ABC News: Mandatory sentencing blocks disadvantage ruling
      http://www.abc.net.au/news/2013-10-03/naaja-reaction-to-high-court-indigenous-disadvantage-in-sentenc/4995784
      3 Oct 13: "An Aboriginal legal service lawyer says a High
      Court decision that Indigenous disadvantage should be taken
      into account in sentencing is not likely to have any impact
      in the Northern Territory. The High Court of Australia
      yesterday ruled that disadvantage should be taken into
      consideration when sentencing a 31-year-old Aboriginal man
      from Wilcannia in NSW. Jonathon Hunyor from the North
      Australian Aboriginal Justice Agency (NAAJA) says
      mandatory sentencing laws in the Territory often prevent
      judges from using discretion in sentencing people from
      disadvantaged backgrounds, whether they are Aboriginal or
      not." By Clare Rawlinson


      - Related News

      newsTracker: High Court rules on Indigenous sentencing
      http://tracker.org.au/2013/10/high-court-rules-on-indigenous-sentencing/
      2 Oct 13: "NATIONAL: The High Court has dismissed an appeal
      from an Aboriginal man who sought to have an extended jail
      sentence overturned on the grounds it hadn’t taken into
      account his disadvantaged background as an Aboriginal
      person. ... "While it was relevant to take into
      consideration an offender’s circumstances of severe social
      disadvantage, the High Court held that the same sentencing
      principles must be applied in every case irrespective of an
      offender’s identity or … membership of an ethnic or other
      group," the court said in a statement." AAP


      * THE WIRE AUDIO:
      HIGH COURT SAYS INDIGENOUS DISADVANTAGE DOES NOT DIMISH


      - Audio

      The Wire:
      High court says Indigenous disadvantage does not dimish
      Produced by Sean Jelinek

      http://www.thewire.org.au/storyDetail.aspx?ID=10886
      2 Oct 13: "Today the High Court of Australia made an
      historic decision recognizing that the disadvantage
      suffered by Indigenous Australians must be taken into
      consideration when sentencing in a criminal court. While
      many are rejoicing at the outcome of the case, there are
      those that say the High Court's decision does not go far
      enough.
      Featured in story:
      * Felicity Graham - Aboriginal Legal Service
      * Debbie Kilroy
      - Indigenous rights activist and CEO of Sisters Inside"


      * LET'S TALK'S TIGA BAYLES INTERVIEWS PRISCILLA COLLINS,
      CEO OF THE NORTH AUSTRALIAN ABORIGINAL JUSTICE AGENCY,
      ABOUT ABORIGINAL IMPRISONMENT



      - Audio Interview

      Indigenous radio station 98.9FM Brisbane:
      Let's Talk - Priscilla Collins

      http://www.989fm.com.au/category/podcasts/lets-talk/
      27 Sep 13: "CEO of the National Australian Aboriginal Justice Agency
      Links: http://www.naaja.org.au/ "
      Listen to this interview on-line:
      http://www.989fm.com.au/podcasts/lets-talk/priscilla-collins-4/


      * SBS ABORIGINAL AUDIO:
      NAMING AND SHAMING YOUNG OFFENDERS



      - Audio Interview

      SBS Aboriginal: Naming and Shaming Young Offenders
      By Marc Tong and Hannah Sinclair

      http://www.sbs.com.au/yourlanguage/aboriginal/highlight/page/id/291565/t/Naming-and-Shaming-Young-Offenders/in/english
      27 Sep 13: "Aboriginal and Torres Strait Islander children
      will be hardest hit by Queensland's new juvenile laws. ...
      New laws in Queensland will see repeat offenders as young
      as 10 being publicly named. The state government says the
      hard line approach is needed to crack down on youth crime.
      In Queensland, Aboriginal and Torres Strait Islander young
      offenders are already 30 times more likely to be in
      detention than non-Indigenous young offenders. How will
      publicly naming an already over-represented group of
      children aid in reducing crime rates?"


      * PERTH NOW:
      WA PRISONERS COST $115,000 A YEAR EACH NEW FIGURES SHOW



      - News

      Perth Now:
      WA prisoners cost $115,000 a year each new figures show

      http://www.perthnow.com.au/news/western-australia/wa-prisoners-cost-115000-a-year-each-new-figures-show/story-fnhocxo3-1226730978849
      1 Oct 13: "IT costs $317 per day - or more than $115,000 a
      year - to keep each prisoner locked up in West Australian
      jails, new figures have revealed. And it is even more
      expensive to keep a young offender behind bars. After a
      horror year for the state's Department of Corrective
      Services (DoCS), including a riot at WA's only juvenile
      detention centre, it has also been revealed that the cost
      to keep prisoners locked up has shot up in 2012/13." AAP


      * GERRY GEORGATOS, THE STRINGER:
      KIMBERLEY'S ABORIGINAL PEOPLES OLD AT 45 YEARS



      - Analysis / Opinion

      The Stringer: Kimberley's Aboriginal peoples old at 45 years
      http://thestringer.com.au/kimberleys-aboriginal-peoples-old-at-45-years/
      3 Oct 13: "Incarceration, homelessness and suicide rates
      are all up among Aboriginal peoples ... Kimberley
      Aboriginal Lore and Cultural Centre (KALACC) coordinator
      Wes Morris has worked alongside hundreds of the Kimberley’s
      Aboriginal peoples year in year out and particularly
      through the Yiriman project which seeks to engage at-risk
      individuals through cultural identity. He said the
      assimilationist attacks on cultural identity go to the
      heart of whether there is well-being – the loss of culture
      is indisputably linked to a loss of self-esteem and
      self-worth. People disengage and dissociate from normative
      life-settings." By Gerry Georgatos,
      a life-long human rights and social justice campaigner,
      a multi-award winning investigative journalist


      * BACKGROUND TO JUSTICE REINVESTMENT,
      ABORIGINAL IMPRISONMENT AND
      ABORIGINAL DEATHS IN CUSTODY:

      Last updated: 4 October 2013

      http://indymedia.org.au/2012/12/17/background-to-aboriginal-imprisonment-and-deaths-in-custody

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