Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory

Abstract

This paper examines inadequate sentencing as a predictor of the ongoing cycle of violence inflicted on women by male offenders from Aboriginal communities in the Northern Territory. The contention is made that judges have placed undue weight on the prospects of rehabilitation and too little weight on the protection of the community and deterrence. Compelling statistical evidence reveals that female Aboriginals are the most vulnerable members of Australian society to violence and sexual assault, which it is contended calls for especial vigilance. The paper criticises the court’s interpretation in R v Wunungmurra of s 91 of the Northern Territory National Emergency Response Act 2007 (Cth) which expressly prohibits a court from taking into account customary law as an excuse for criminal behaviour, suggesting that the case demonstrates a long-established pattern of courts favouring the evidence of the perpetrator over the weight given to the victim impact statement. The paper predicts that until the imbalance changes, the male version of customary law will continue to oppress women.