Harradine (1992) 61 A Crim R 201

• Aboriginal male moved from Aboriginal reserve community to urban environment at 16 years of age – introduced to substance abuse by victim – after suicide of victim’s brother experienced trauma, deteriorating relationship with victim and increased substance use – history of assaults against victim
• Appeal allowed to reduce sentence for assault only and impose new non parole period
• Mullighan J referred to mitigating factors in offender’s background including major challenges faced in moving from Aboriginal community life to urban environment: at 209–10

(The offences) were committed against the background of problems encountered by him in adjusting to city life as an Aboriginal boy from the relative security of Aboriginal community life. True it is that he had been living in the city for five years or so, but it should not be assumed that the problems which he initially encountered had been resolved. It is not easy to fully appreciate the plight of Aboriginal persons, such as the appellant, who find themselves in city life with all of its temptations and distractions at a young age without the discipline previously experienced in mission and family life. Of course the same sentencing principles must apply to all sections of the community: Neal (1982) 149 CLR 305 at 324; 7 A Crim R 129 at 143, per Brennan J. Nevertheless, the courts have acknowledged that special problems experienced by Aborigines living on reserves and of tribal Aborigines must be considered when imposing penalty: see Neal’s case; Friday (1984) 14 A Crim R 471 and Houghagen v Charra (1989) 50 SASR 419, per Bollen J at 422. The courts have done no more than acknowledge the sentencing principle that the circumstances of the offender, whatever they may be, must be brought into consideration. Relevant considerations due to an offender being an Aboriginal living in an urban environment must also be considered. The appellant experienced considerable problems after he moved to the city. His relationship with the victim commenced soon after. He committed the assault and the rapes against the background of his relationship with her and the effects it had upon him. Whilst the severity of the assault cannot be excused by any of these matters, they do provide an explanation for his conduct.

• White J also accepted the impact of transition to city life as a mitigating factor relevant to the setting of the non-parole period on re-sentence: at 205, 208