Jungarai, Joe Murphy v The Queen [1982] FCA 98

Jungarai, Joe Murphy v The Queen [1982] FCA 98

The trial judge gave due weight to the tribal punishment suffered by the appellant in deciding the sentence and non-parole period, and neither were manifestly excessive nor outside the exercise of a sound discretion given the seriousness of the manslaughter and circumstances.

Source-derived case information.

Parties
Appellant: Joe Murphy Jungarai; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
01 June 1982
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Tribal Punishment, Manslaughter, Aboriginal Customary Law
Criminal Law Sentencing Tribal Punishment Manslaughter Aboriginal Customary Law

Source-derived case record

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Parties

Joe Murphy Jungarai

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge gave insufficient weight to tribal or customary law punishment in sentencing
  2. 2 Whether the sentence was manifestly excessive given tribal punishment

Ratio Decidendi

The trial judge gave due weight to the tribal punishment suffered by the appellant in deciding the sentence and non-parole period, and neither were manifestly excessive nor outside the exercise of a sound discretion given the seriousness of the manslaughter and circumstances.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed