Hickey; Hickey [2003] NSWCCA 110

• Recount of subjective mitigating factors considered by sentencing judge include effect of inability to attend mother’s funeral

[11] The family was a large one of three boys and five girls and the mother was greatly valued. When she died both TJH and JMH applied for and were granted leave by the Prison Authorities to attend her funeral. In fact, for reasons of which they were not fully aware they were not permitted to leave Long Bay Gaol. The judge recorded that attendance at the funeral of a mother is particularly important for people in most Aboriginal communities. The judge found that both TJH and JMH had been severely affected by not attending their mother’s funeral.

• Cases Involving Non-Indigenous Defendants