Mrs BRAHAM - 2005-08-16
A case involving sexual assault was held in an open air court in the community of Yarralin where the offender and the young girl lived. The ramifications for this young girl, who was sodomised, beaten with a boomerang, and held against her will, have put her and her family at great risk and has necessitated them leaving the community. Will you ensure that crimes such as this are not held in an open community court where full and frank evidence cannot be given? Will you ensure the Community Education and Liaison Committee, flagged by the Chief Justice, has community representation?
ANSWER
Madam Speaker, the case the member for Braitling is referring to was a very difficult case in which the Chief Justice felt he needed to go to the community concerned to personally handle the hearing. I say - as I always do with outcomes of court hearings - that there are mechanisms within our justice system for reviewing and, if necessary, appealing decisions.
I do not want members to take from that that I am disagreeing with the Chief Justice’s decision. I believe that, when you read his sentencing remarks - and I hope the member has done that as part of getting across the judgment - the Chief Justice has shown an enormous amount of insight into the factors he was trying to balance.
I can certainly reassure the member about the wellbeing of the victim. The Yarralin community, from which her family originates, has provided a lot of on-ground support for her, and I believe she will feel supported into the future.
Regarding the matters that the Chief Justice is progressing through our system, there is still the need to get these new age of consent laws and the customary law evidence provisions fully out to all community members around the Northern Territory. We have committed a lot of effort to that already; however, there are still individuals, such as the offender in this case, who clearly had not got across the broader provisions of the law. That was taken into account by the Chief Justice. I applaud what the Chief Justice is doing in publicising the process he went through to find that offender guilty on both counts with which he was charged, and to apply a sentence to him.
Equally, the Chief Justice is progressing other means by which indigenous groups right around the Northern Territory can be brought into a strong discussion about the general law. There are difficult areas where the two laws have to coincide. I believe that, in our new Chief Justice, we have someone who is going to be actively promoting the understanding and respect for the general law.
Mrs Braham: Do you believe these crimes should be heard in an open court?
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: The member for Braitling is entitled to her opinion about the outcome of that case, as we all are as members of the community. However, within the justice system, we do not work on public polling about what is an appropriate sentence; we work on the expertise of the court and also depend on the in-built review mechanisms of the justice system to ensure that punishment does fit the crime.
ANSWER
Madam Speaker, the case the member for Braitling is referring to was a very difficult case in which the Chief Justice felt he needed to go to the community concerned to personally handle the hearing. I say - as I always do with outcomes of court hearings - that there are mechanisms within our justice system for reviewing and, if necessary, appealing decisions.
I do not want members to take from that that I am disagreeing with the Chief Justice’s decision. I believe that, when you read his sentencing remarks - and I hope the member has done that as part of getting across the judgment - the Chief Justice has shown an enormous amount of insight into the factors he was trying to balance.
I can certainly reassure the member about the wellbeing of the victim. The Yarralin community, from which her family originates, has provided a lot of on-ground support for her, and I believe she will feel supported into the future.
Regarding the matters that the Chief Justice is progressing through our system, there is still the need to get these new age of consent laws and the customary law evidence provisions fully out to all community members around the Northern Territory. We have committed a lot of effort to that already; however, there are still individuals, such as the offender in this case, who clearly had not got across the broader provisions of the law. That was taken into account by the Chief Justice. I applaud what the Chief Justice is doing in publicising the process he went through to find that offender guilty on both counts with which he was charged, and to apply a sentence to him.
Equally, the Chief Justice is progressing other means by which indigenous groups right around the Northern Territory can be brought into a strong discussion about the general law. There are difficult areas where the two laws have to coincide. I believe that, in our new Chief Justice, we have someone who is going to be actively promoting the understanding and respect for the general law.
Mrs Braham: Do you believe these crimes should be heard in an open court?
Madam SPEAKER: Order, member for Braitling!
Dr TOYNE: The member for Braitling is entitled to her opinion about the outcome of that case, as we all are as members of the community. However, within the justice system, we do not work on public polling about what is an appropriate sentence; we work on the expertise of the court and also depend on the in-built review mechanisms of the justice system to ensure that punishment does fit the crime.
Last updated: 09 Aug 2016