Knight (No.1) [2023] NSWSC 195
1 judgment
Knight (No.1) [2023] NSWSC 195
Project CitationMurder – application to hold sentence proceedings by video-link – importance of Indigenous cultural values and principles – reference to Bugmy Bar Book as resource assisting judicial officers in this respect
Coram: Yehia J
- Offender to be sentenced for murder of female partner – application to have offender appear for sentence proceedings by audio-visual link opposed by Crown – representations made by sisters of deceased that applicant should attend sentencing proceedings in-person and on country: at [16]
- Importance of Indigenous cultural values and principles emphasized by Court:
- [20] It is important to commence by acknowledging that the importance of recognising Indigenous cultural values and principles is increasingly accepted in the criminal law in New South Wales and in Australia more broadly. For example, the Bugmy Bar Book is increasingly relied upon as a resource capable of assisting judicial officers in making informed decisions in a range of matters. Some chapters of the Bugmy Bar Book deal specifically with the impact of intergenerational trauma brought about by cultural dispossession, and the impact on members of the stolen generations and their descendants.
- [21] The Walama List provides a therapeutic approach to sentencing of Indigenous offenders and incorporates some elements of restorative justice. The Sentencing Conversations are led by Elders and Respected Persons who provide essential cultural perspectives, values, and principles. The process acknowledges the importance of cultural authority to healing.
- …
- [27] The Crown is to be commended for highlighting the importance of recognising Indigenous cultural values and principles in the criminal law. In an appropriate case where there is sufficient evidence, it may be wholly appropriate that cultural values and principles would dictate that a direction is made for an offender to appear in-person at sentencing proceedings.
- In this case not pers in-person attendance would better fulfil purpose of sentencing where proceedings will not be conducted pursuant to restorative justice model: at [25]
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