An offender's active participation in the Koori Court sentencing conversation — including personal apology to elders, being shamed, and forfeiting the forensic advantage of hiding behind counsel — is capable of being a mitigating factor on sentence. Whether and to what extent it mitigates in a particular case depends on the circumstances. Rehabilitation may be the dominant sentencing consideration for a youthful Aboriginal offender with no prior imprisonment who has demonstrated extraordinary reformation.
The full text is available to signed-in members, including the 37 later cases that cite this judgment.
9 of the 37 citing cases carry a classified treatment. How each court treated it is available to signed-in members.