Jadurin, J.A. v. The Queen [1982] FCA 238

Jadurin, J.A. v. The Queen [1982] FCA 238

The sentencing judge appropriately considered all relevant matters, including the traditional punishment undergone and anticipated by the appellant; the sentence imposed was within the broad discretion available and was not manifestly excessive.

Parties
Appellant: Jacky Anzac Jadurin; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
27 October 1982
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence, Manslaughter, Aboriginal Customary Law, Traditional Punishment, Mitigation of Sentence
Criminal Law Sentence Manslaughter Aboriginal Customary Law Traditional Punishment Mitigation of Sentence

Case Brief

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Parties

Jacky Anzac Jadurin

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether traditional Aboriginal punishment undergone or to be undergone by the appellant should be taken into account in sentencing
  2. 2 Whether the sentence imposed was excessive

Ratio Decidendi

The sentencing judge appropriately considered all relevant matters, including the traditional punishment undergone and anticipated by the appellant; the sentence imposed was within the broad discretion available and was not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.