Section 9C of the Criminal Law (Sentencing) Act 1988 (SA) is a valid 'special measure' under s 8 of the Racial Discrimination Act 1975 (Cth) and is not rendered inoperative by s 10 of that Act. A sentencing judge who declines to convene a s 9C Aboriginal sentencing conference on the basis that there are no 'tribal issues' or that the defendant lives in an urban area misapprehends the purpose of the provision and commits an error in the exercise of sentencing discretion. Factors relevant to sentencing Aboriginal defendants do not become irrelevant because a defendant lives in an urban environment, and resort to classifications such as 'tribal', 'semi-tribal' or 'urban' is unhelpful.
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