Udayana Journal of Law and Culture
Vol 1 No 2 (2017): Rights of the Vulnerable Groups

The Reasonable Person for Our Time for Reasonableness in a Heterogeneous Society

Ceilia divakaran (Charles Darwin University)

Article Info

Publish Date
31 Jul 2017

Abstract

The cases of Bugmy and Munda decided by the High Court in 2013 raised the impact of social deprivation on Aboriginal defendants, in that it mars the development of an individual exposed to alcohol and alcohol-fuelled violence, and that full weight must be given to this in sentencing considerations. This significant legal precedent, in the backdrop of Aboriginal over-representation in the criminal justice system, invites the question of the relevance of the characterisation of the reasonable man in the law of provocation and delivery of equal justice, in a culturally heterogeneous society such as Australia. The case for constructing a contemporary reasonable man, clothed in Aboriginal identity, for equitable sentencing outcomes for Aboriginal defendants is explored.

Copyrights © 2017




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Journal Info
Udayana Journal of Law and Culture
Website

Abbrev

UJLC

Publisher

Universitas Udayana

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Udayana Journal of Law and Culture (UJLC) is hence created by reflecting the aforementioned phenomenon. This journal offers a recovery of the landscape of the science of law by means of recovering the position of ideology as an aspect of science of law analysis, with particular in analyzing the ...