This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/sep/17/denial-of-indigenous-mans-request-to-be-sentenced-by-koori-court-found-to-be-unlawful
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Denial of Indigenous man's request to be sentenced by Koori court found to be unlawful | Denial of Indigenous man's request to be sentenced by Koori court found to be unlawful |
| (about 1 month later) | |
| The authority of Victoria’s Koori court received a boost on Monday following a supreme court decision that a magistrate acted unlawfully in refusing a young Aboriginal man’s request to be sentenced by the Koori court in a nearby town. | The authority of Victoria’s Koori court received a boost on Monday following a supreme court decision that a magistrate acted unlawfully in refusing a young Aboriginal man’s request to be sentenced by the Koori court in a nearby town. |
| In April last year, 19-year-old Zayden Cemino, a Yorta Yorta man from Echuca, had pleaded guilty to various offences, most of which related to riding a motorbike unlicensed. | In April last year, 19-year-old Zayden Cemino, a Yorta Yorta man from Echuca, had pleaded guilty to various offences, most of which related to riding a motorbike unlicensed. |
| Cemino asked to be transferred to the Koori court in Shepparton for sentencing. Shepparton, about 70km away from Echuca, is also on Yorta Yorta land. | Cemino asked to be transferred to the Koori court in Shepparton for sentencing. Shepparton, about 70km away from Echuca, is also on Yorta Yorta land. |
| Indigenous campaign's Deadly Questions revealed as Victoria pushes for treaty | Indigenous campaign's Deadly Questions revealed as Victoria pushes for treaty |
| The Victorian Aboriginal Legal Service (Vals) said Cemino told the court he felt more comfortable appearing in Koori court, particularly when discussing the recent death of his mother, a Yorta Yorta woman. | The Victorian Aboriginal Legal Service (Vals) said Cemino told the court he felt more comfortable appearing in Koori court, particularly when discussing the recent death of his mother, a Yorta Yorta woman. |
| The transfer request was refused by the magistrate, in part because Cemino’s offences were committed in Echuca, not Shepparton. | The transfer request was refused by the magistrate, in part because Cemino’s offences were committed in Echuca, not Shepparton. |
| The Koori court has been operating in Victoria since 1989. It is a more informal process: the magistrate sits at a table with defendants, lawyers and families, rather than at the bench, and plain English is used. Local elders help determine sentences, with the aim of reducing reoffending and exploring alternatives to prison. | The Koori court has been operating in Victoria since 1989. It is a more informal process: the magistrate sits at a table with defendants, lawyers and families, rather than at the bench, and plain English is used. Local elders help determine sentences, with the aim of reducing reoffending and exploring alternatives to prison. |
| VALS challenged the magistrate’s decision in the supreme court on administrative law and human rights grounds. | VALS challenged the magistrate’s decision in the supreme court on administrative law and human rights grounds. |
| The case is being seen as the first proper consideration of Aboriginal cultural rights under section 19 of Victoria’s charter of human rights and responsibilities. | The case is being seen as the first proper consideration of Aboriginal cultural rights under section 19 of Victoria’s charter of human rights and responsibilities. |
| The supreme court found that in certain court processes, Aboriginal cultural rights were a relevant factor for magistrates to consider. | The supreme court found that in certain court processes, Aboriginal cultural rights were a relevant factor for magistrates to consider. |
| Cemino will be allowed to have a different magistrate consider his transfer request. | Cemino will be allowed to have a different magistrate consider his transfer request. |
| The director of legal and client services at VALS, Meena Singh, said the Koori court was an important factor in reducing Aboriginal over-incarceration in Victoria. | The director of legal and client services at VALS, Meena Singh, said the Koori court was an important factor in reducing Aboriginal over-incarceration in Victoria. |
| “Koori courts provide a more meaningful and culturally appropriate sentencing experience than mainstream courts, and today’s supreme court decision promotes access, especially for people in regional areas without a local Koori Court,” Singh said. | “Koori courts provide a more meaningful and culturally appropriate sentencing experience than mainstream courts, and today’s supreme court decision promotes access, especially for people in regional areas without a local Koori Court,” Singh said. |
| “For many, having Aboriginal elders speak to them about the offending can be an incredibly powerful and sometimes life-changing experience. | “For many, having Aboriginal elders speak to them about the offending can be an incredibly powerful and sometimes life-changing experience. |
| “These elders often know a person’s entire family, and can provide a crucial cultural link and perspective that really draws a person in and forces them to reflect. | “These elders often know a person’s entire family, and can provide a crucial cultural link and perspective that really draws a person in and forces them to reflect. |
| “At a time when Aboriginal incarceration in Victoria and Australia is increasing, we need to focus on meaningful justice outcomes that engage Koori people and divert them from the system.” | “At a time when Aboriginal incarceration in Victoria and Australia is increasing, we need to focus on meaningful justice outcomes that engage Koori people and divert them from the system.” |
| The Victorian government recently announced $12.3m for the expansion of Koori courts across Victoria under phase four of the Aboriginal justice agreement. | The Victorian government recently announced $12.3m for the expansion of Koori courts across Victoria under phase four of the Aboriginal justice agreement. |
| Victoria | Victoria |
| Indigenous Australians | Indigenous Australians |
| Share on Facebook | Share on Facebook |
| Share on Twitter | Share on Twitter |
| Share via Email | Share via Email |
| Share on LinkedIn | Share on LinkedIn |
| Share on Pinterest | Share on Pinterest |
| Share on WhatsApp | Share on WhatsApp |
| Share on Messenger | Share on Messenger |
| Reuse this content | Reuse this content |