L [2004] SASC 33

L [2004] SASC 33

1 judgment

L [2004] SASC 33

ChapterAssault – effect of conviction on employment prospects exacerbated for Aboriginal offender – offender released without conviction

Coram: Gray J

  • 17 year old female Aboriginal offender sentenced to suspended sentence of imprisonment for threatening nurse in hospital waiting room – intoxicated and angry after being assaulted by de facto partner earlier in evening
  • Accepted on appeal offender’s intoxication provided explanation of offence and factor of mitigation: at [10]-[11]
  • On appeal sentence replaced with an obligation to be of good behaviour and no conviction recorded. Gray J referred to evidence of Indigenous employment status and accepted the impact of a conviction on the appellant’s future employment prospects as a relevant factor in considering whether to record a conviction: at [24], [25]

Chapter: Low Socio-Economic Status (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2004 SASC 33 (opens in a new tab)