R v Hookey [2018] NSWCCA 147

• Unprovoked stabbing during road rage incident – background of ‘social deprivation and substantial disadvantage’ including exposure to violence and alcohol abuse: at [14]

[61] Persons of Aboriginal descent are not entitled to any greater leniency than any other person. Nevertheless, as the High Court stated in Bugmy the social exclusion and disempowerment of persons of Aboriginal descent and of Aboriginal communities seems to have made an environment of violence, alcohol and drugs more prevalent in the Aboriginal community than in the total population. The answer is not longer incarceration. The answer lies in the treatment that neutralises or reverses the effect of social exclusion, disempowerment, discrimination and violent environment. It is fair to say that the respondent has taken steps towards that end.

• Sentence imposed outside range and manifestly inadequate but appeal dismissed in view of offender’s insight into offending and rehabilitation: at [62], [68]