R v E (a child) (1993) 66 A Crim R 14

• 16-year-old respondent attempted deliberate killings of six police officers during three separate car chases with co-offenders – Crown appeal against sentence of 23 months allowed and new sentence of 6 years imposed
• Aboriginal offender with deprived childhood – chaotic and unstructured living conditions – father had long history of alcohol abuse – out of home care on multiple occasions – family moved frequently – commenced substance abuse at early age – close bonds to family meant exposure to anti-social and criminal attitudes: p.29
• Each judgment acknowledged impact of growing up in Aboriginal community experiencing socio-economic deprivation, ethnic discrimination, abuse, violence and alienation – environment of perceived conflict between community and police resulting in cultural and personal mistrust of authority, feelings of disillusionment, anger and sense of injustice: p.17 per Malcolm CJ; p.19 per Franklyn J and pp.29-30 per Ipp J
• While such circumstances may provide some explanation for offending degree of mitigation depends upon circumstances of case – in this case no mitigation in view of nature and seriousness offences: p.17 per Malcolm CJ; p.19 per Franklyn J and pp.30-32 per Ipp J

His background as an Aboriginal, brought up in an environment of perceived conflict between the urban Aboriginal community to which he belonged and police, and the deprived oppressive socio-economic conditions in which his family and other members of his ethnic group have suffered, assist in explaining to some degree how his attitudes to the police and the rest of the community have developed. The extent to which allowance should be made by way of mitigation on account of these circumstances must depend in any particular case to a very significant degree on the nature of the offence and the circumstances under which it is committed. (per Malcolm CJ at p.17)