The Precedent

While the High Court did not accept ALS’ arguments on the need to consider the systemic disadvantage of Aboriginal people, including in the justice system, this remains an important precedent and has generated much debate and law reform consideration. Most recently, Bugmy was considered in the Australian Law Reform Commission’s (ALRC) Pathway to Justice Report (2017).

The ALRC recommended that sentencing legislation should provide that, when sentencing Aboriginal and Torres Strait Islander offenders, courts take into account unique systemic and background factors affecting Aboriginal and Torres Strait Islander peoples. This recommendation reflects the National Aboriginal and Torres Strait Islander Legal Services' (NATSILS) submission to that inquiry.