And you know why: compulsory jailing and racism

Much has been made over the last few months over the mandatory sentencing regime in the Northern Territory and Western Australia. However, the words ‘mandatory sentencing’ obscure what has been perpetrated by the governments of those two jurisdictions. ‘Mandatory sentencing’ is meaningless really: all judges and magistrates sentence those who are found guilty even if, in their judgement, circumstances are such that a conviction might not be recorded. It is a judgement and a discretionary decision on sentence nevertheless. What we are really talking about is not ‘mandatory sentencing’ but ‘compulsory jailing’. We are talking about a legal regime under which, across a large range of property crimes, judges and magistrates have absolutely no choice. They have been left with no discretion; they have been left without powers to take into account any single aspect of the circumstances surrounding the crime such as the mental state of the defendant, or the triviality of the offence. For juveniles, which in the Northern Territory is defined as 15—17 year olds, means compulsory jailing on a second offence of 28 days. Subsequent offences also attract a 28 day compulsory jailing. There is an empty legislative attempt at diversionary schemes. For adults, this means compulsory jailing on a first offence of 14 days; on a second offence of 3 months and a year in jail on a third offence. No second chances. No diversionary schemes

Aboriginal aspirations for heritage conservation. by John Ah Kit

tag=1 data=Aboriginal aspirations for heritage conservation. by John Ah Kit tag=2 data=Ah Kit, John tag=3 data=Northern Perspective, tag=4 data=17 tag=5 data=1 tag=6 data=Dry Season 1994 tag=7 data=17-21. tag=8 data=ABORIGINES%HISTORY tag=10 data=If we are to `manage a shared heritage', the history we learn and commemorate should be the history of all our peoples, and not just those now celebrated on the `historic markers' down the track. tag=11 data=1994/6/8 tag=12 data=94/0483 tag=13 data=CABIf we are to `manage a shared heritage', the history we learn and commemorate should be the history of all our peoples, and not just those now celebrated on the `historic markers' down the track

John Ah Kit

Made available by the Northern Territory Library via the Publications (Legal Deposit) Act 2004 (NT).Date:2000The HC (Nugget) Coombs North Australia Lecture

Get facts right about the stolen generation

PRS