The Fernando/Bugmy sentencing principles concerning Aboriginal disadvantage extend to Aboriginal persons adopted into non-Aboriginal families who experienced social exclusion from their Aboriginal culture, where evidence establishes that such exclusion contributed to the offending behaviour. Social exclusion from Aboriginal culture through adoption constitutes a form of deprivation analogous to the systemic background of deprivation recognised in Bugmy, capable of diminishing moral culpability. A finding of special circumstances may not be used to lengthen the head sentence beyond that otherwise considered appropriate; its effect is limited to reducing the non-parole period.
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3 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.