The Fernando principles regarding sentencing of Aboriginal offenders are not engaged merely by an offender's Aboriginal descent; there must be evidence connecting the offender's Aboriginality to the circumstances of the offence or the offender's personal situation. The practice of backdating sentences to account for pre-sentence custody should be followed even where the offender was at liberty between pre-sentence custody and the date of sentence. The victim's views as to the appropriateness of a sentence are irrelevant, and victim forgiveness has no role where general deterrence and denunciation are paramount.
The full text is available to signed-in members, including the 53 later cases that cite this judgment.
25 of the 53 citing cases carry a classified treatment. How each court treated it is available to signed-in members.