What is Bugmy?
Facts. William Bugmy pleaded guilty to assaulting two prison officers and intentionally causing grievous bodily harm to another while he was a remand prisoner. Mr Bugmy is a 31 year old Aboriginal man, and comes from a town in far western NSW where life expectancy for men in 36.7 years.
What are the Fernando principles?
The Fernando principles are not a set of principles that should be referred to by advocates or by judicial officers in the sentencing of Aboriginal offenders. The principles should be explored in the context of the particular circumstances of the Aboriginal offender who appears before a sentencing court.
Are judges lenient to first time offenders?
Treatment of First Offenders Generally, a judge will look at a minor crime and the individual. He or she will apply the most lenient penalties if there is a lack of violence, no intent to cause harm and there is no criminal past in many situations.
What is extra curial punishment?
Extra-curial punishment can be defined as a serious loss or detriment suffered by. an offender as a result of having committed an offence.2 This loss or detriment is. a form of ‘collateral punishment’ often involving physical or psychological abuse. directed at the perpetrator.
What happened to Bugmy?
He suffered a great deal of physical pain. He could no longer work as a prison officer. The attack had a continuing and profound psychological impact on him. On 16 February 2012, Judge Lerve sentenced Mr Bugmy to six years and three months imprisonment with a non-parole period of four years and three months.
What is a Griffiths remand?
If any of the imposed conditions are breached, a Court can call on the person to appear before a Court and resentence the person. Deferral of Sentence. The deferral of a sentence under Section 11 of the Crimes (Sentencing Procedure) Act 1999 was previously known as a “Griffiths Remand”.
Why are Aboriginal incarceration rates so high?
According to ALSWA these “have been repeatedly examined by numerous federal and state inquiries”, and the reasons fall into two categories: “The first category are underlying factors that contribute to higher rates of offending (e.g., socio-economic disadvantage, the impact of colonisation and dispossession, Stolen …
What do judges look at when sentencing?
For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.
Does age matter in sentencing?
Conclusions. The evidence suggests that age plays an important role in decisions to utilize alternative sanctions in the criminal justice system. The youngest and oldest offenders benefit the most, while adults face the harshest consequences and are less likely for consideration of alternative sentencing options.
