The Bugmy Bar Book takes its name from the High Court of Australia case of Bugmy v The Queen (2013) 249 CLR 571 (‘Bugmy‘) with the permission of Mr William Bugmy, the appellant in that case. One of the holdings of the High Court in Bugmy was that sentencing courts in Australia must give “full weight” to a person’s background in determining the appropriate orders in a given case.
The Bugmy Bar Book publishes high quality, accessible summaries of key research relating to various experiences which may impact people in contact with the legal system. This project seeks to promote improved understanding of the impacts of these lived experiences within the legal profession in order to facilitate appropriate, evidence-based legal outcomes.
The Bugmy Bar Book first launched in 2019 with eight chapters, hosted on the website of the NSW Public Defenders. Each chapter is comprised of extracts from major reports and leading academic research. Prior to publication, each chapter is subjected to a rigorous process of review by experts in the relevant field, the members of the Project Committee, and members of the Independent Advisory Panel. Chapters which relate to experiences specific to Aboriginal and Torres Strait Islander peoples are researched and reviewed by Aboriginal and Torres Strait Islander researchers, supervisors, Committee members and experts.
The Bugmy Bar Book is regularly relied upon in criminal court proceedings and has been referred to in dozens of published judgments of courts at all levels in multiple Australian jurisdictions. An up-to-date summary of all known published judgments is available on this website. The Bugmy Bar Book is also relied upon in tribunal proceedings, coronial inquests and other inquisitorial jurisdictions.
Use the buttons at left to view more information about project contributors and access other relevant resources.
Practical guidance for legal practitioners:
Not all of the research contained in a given chapter may be relevant to your client. It is suggested that it would be helpful for the presentation of your case to identify the paragraphs of the chapter which are relevant to your case. There may also be further research available which is not included in the chapter and is relevant to your client’s particular experiences or circumstances.
Most chapters include extracts from the research relating to treatment and healing. The research contained in relation to treatment and healing does not attempt to prescribe or recommend what is required for any individual. This will be determined by factors such as the individual’s personal experiences and needs, the advice of any relevant experts, health providers or other supports, and the availability of services and opportunities to promote healing and wellbeing.
Chapter review and publication process:
The Bugmy Bar Book chapters collate extracts from key research, reports and expert opinion relating primarily to the impacts of particular experiences faced by people who come before the courts. Its focus is on the impacts of trauma, socioeconomic inequality, structural disadvantage and strengths based rehabilitation.
The authors and full references for each extract are clearly cited (and where possible hyperlinked) to enable those using chapters to readily access source documents.
In addition to extracts, some contextual material is also summarised. It too is fully referenced.
The chapters are subject to rigorous review processes prior to publication. These processes ensure that all who use these resources, including the judiciary, decision makers, advocates and experts, can confidently rely upon them.
- The chapters are drafted by a researcher under the supervision of a Project Committee member or other senior member of the legal profession
- They are subject to at least one relevant Expert Review
- They are circulated to the whole Project Committee for contribution (representative from academia, the judiciary, ODPP, ALS, LAC, PDs, and the private Bar and legal profession)
- There are final reviews by:
- an Independent Advisory Panel
- an Independent First Nations Review
- Each chapter is reviewed and updated biennially
- Each chapter has a date indicating the currency of its research
The Project Committee members, Independent Advisory Panel members, Experts and Researchers are all acknowledged on this website.