TRIBAL LAW AND THE COURTS

[lennie]

After reading an ABC report (below) I took the time to discuss the issue with some Aboriginal friends of mine. We didn't see 'eye to eye' on some of the issues raised, one in particular being the situation of punishments through 'Tribal Laws' as opposed to The Australian Courts system. My feeling is that the Tribal form of punishment is Barbaric and that any instigators of such forms of punishment, such as 'spearing', should be punished in the Courts. I am interested in hearing different points of view.
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Read this: -
[glow=red,2,300]
Judge to consider tribal punishment in sentencing[/glow]

A Supreme Court judge in Perth says she will take into account tribal punishment when she sentences a 28-year-old man for strangling his pregnant wife to death.

Aaron Butler was found guilty by a jury of wilfully murdering the 23-year-old woman when she was eight months pregnant.

The incident occurred near the Blackstone Aboriginal community in the Goldfields in October 2003.

The court was told today Butler nearly died after undergoing tribal punishment shortly after the murder.

Justice Narelle Johnson said she would take into account what Butler had suffered in determining whether he should be sentenced to strict security life imprisonment.

The case has been adjourned until October.

[lennie]

The Federal Government has announced it plans to remove Aboriginal customary law from the Crimes Act.

The Law Council of Australia says the move effectively bans courts from considering cultural factors when Indigenous offenders are sentenced.

Law Council president Tim Bugg says it is unwise to tamper with a court's discretion.

"The sentencing process ought to permit the courts to take into account customary law if that's considered appropriate and to give to it the weight that's appropriate in the circumstances," he said.

"It may be given no weight, it may be given some weight but in all likelihood, if there's a very serious crime being considered by the court, it'll be given little or no weight."

[lennie]

Lawyers warn against removing customary law

A peak lawyers group says removing Aboriginal customary law as a sentencing factor would contradict international human rights conventions.

more here: -
www.abc.net.au/news/newsitems/200606/s1673154.htm

I gather it would also contradict most Lawyers wish to make heaps out of such cases.

[fusil]

Lennie ! How can you say that about lawyers?

Seriously though, I see no place for Tribal Law, it's about time that all Australians were treated the same by the courts.
A recent pleading in NSW in a rape case involving citizens of Pakistani origin was not considered relevant.
Cultural considerations do not overide guilt in law.

Fusil.

[lennie]

fusil said:

Lennie ! How can you say that about lawyers?

Seriously though, I see no place for Tribal Law, it's about time that all Australians were treated the same by the courts.
A recent pleading in NSW in a rape case involving citizens of Pakistani origin was not considered relevant.
Cultural considerations do not overide guilt in law.

Fusil.

Totally agree fusil.