Vincent [2023] NSWSC 8
1 judgment
Vincent [2023] NSWSC 8
ChapterBail application – reference to Bugmy Bar Book Chapter detailing negative impacts of incarceration – impact on First Nations women
Coram: Yehia J
- Bail granted for Aboriginal woman charged with stalking and intimidation and being armed with intent
- Acknowledged research from Bugmy Bar Book Chapter: ‘Impacts of Imprisonment and Remand in Custody’ describing negative impacts on the physical and mental health of incarcerated individuals which persist after release – includes loss of housing, barriers to employment, significant negative impacts on families and communities, loss of culture and disconnection from Country and community, increased risk of subsequent contact with the criminal justice system and increased risk of self harm and depression – research further shows impacts more pronounced for Aboriginal and/or Torres Strait Islander Peoples, particularly women: at [16]-[21]
- [22] The Bugmy Bar Book research is a useful resource which has assisted the Court in understanding the impact of remand in custody, even for short periods. The research lends context to the material that has been tendered on behalf of the applicant which relates directly to her individual circumstances and background. The impact of incarceration on First Nations Peoples, and, in particular, First Nations women should never be under-estimated.
- Applicant’s underlying mental health and drug issues will be better treated and managed outside of custodial environment – such treatment and care will better serve protection of community: at [23]
Chapter: Impacts of Imprisonment and Remand in Custody (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2023 NSWSC 8 (opens in a new tab)