CASESTUDY Court imposes customary punishment
In 1993, Wilson Jagamara Walker became the first in Australia to receive a customary punishment as part of a sentence. Walker, a 23-year-old Aboriginal man from Central Australia, pleaded guilty to manslaughter after intervening in an attack and killing one of the attackers. Chief Justice Martin initially sentenced him to three years of imprisonment, but the sentence was suspended. Walker was released on a two-year good behaviour bond with the condition that he be speared in the thigh by the victim’s relatives.
FIGURE4 Wilson Jagamara Walker’s case was the first in Australia to include a customary punishment as part of a sentence.
SkillBuilder discussion Evaluating democratic institutions and systems 1. What is spearing? 2. Why do you think customary law uses this type of punishment rather than fines or imprisonment? 3. Suggest a reason why customary law is now being used alongside Australian law.
FIGURE5 The Koori Court in Victoria provides a more informal environment for Aboriginal and Torres Strait Islander offenders, who must plead guilty if they wish to be sentenced here.
SkillBuilder discussion Evaluating democratic institutions and systems
1. Look at FIGURE5 . What is the Koori Court? 2. Discuss how it differs from traditional courts. 3. Decide, with a partner, why this type of court might be needed.
TOPIC18 Laws and citizens 551
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