"The Aboriginal Areas Protection Authority lost its Supreme Court appeal against the $500 fine imposed on S&R Building and Constructions for building a drop toilet on an Aboriginal sacred site in the Gulf of Carpentaria community of Numbulwar. Among the grounds of appeal, the sentencing magistrate failed to give sufficient weight to the shame and emotional distress inflicted upon the site’s traditional custodians. Justice Southwood emphasised that, under s 91 of the Northern Territory National Emergency Response Act 2007 (Cth), a sentencing court cannot take into account any form of customary law or cultural practice as a reason for aggravating the seriousness of criminal behaviour."
Posted on: Sat, 17 Aug 2013 02:32:06 +0000
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