Customary Law recognition brings suspended murder sentence in WA
A suspended sentence handed down for murder in a West Australian court last week has grabbed national attention. The magistrate in handing down the sentence was taking into account the fact that the accused woman would face traditional aboriginal punishment for stabbing her unfaithful partner. Dennis Eggington, CEO of the state’s Aboriginal Legal Services has welcomed the decision for affording recognition to customary law. The West Australia government has been grappling with the nexus between customary law and government law, because of the large populations of traditional Aboriginal people living on homelands in remote parts of the state. The Law Society of WA views tribal punishment issues as complicated and difficult – not least because people are sometimes subject to two justice systems. The University of Western Australia’s Crime Research Centre is currently working on a review of Aboriginal law on behalf of the Law Reform Commission. Crime Centre researcher Harry Blagg says it’s unjust and unacceptable for people to face two forms of punishment.