LLB104 Lecture Notes - Lecture 9: Constitution Of Australia, Northern Territory National Emergency Response, Section 51(Xxvi) Of The Australian Constitution
Document Summary
To understand the role of customary laws in the lives of indigenous australians. To understand the extent to which customary laws are given formal recognition within the australian legal system. To critically evaluate the arguments for and against recognition of customary law. Criminal law - sentencing - customary law - traditional punishment. Customary law can be taken into account on sentence where the person has been or will be subject to traditional punishment. Includes shaming, spearing, physical beating, banishment, acknowledgement and restitution, punishment of other family members, reprimand. A court must consider all forms of punishment resulting from the offence: neal v. The principle of double jeopardy: a person should not be punished twice. Established in victoria, qld, south australia, act and nsw. Regulated by statute in other states, setting out objectives, including: Inclusion of other indigenous community members in the sentencing process. Increase confidence in criminal justice system and reduce barriers.
