The Bugmy principles regarding the relevance of a dysfunctional upbringing to moral culpability apply with full force to young Aboriginal offenders sentenced for serious sexual offences, and the combination of youth, intellectual disability, disadvantaged background, and the damaging effects of incarceration as a protected prisoner may require a substantially lower sentence than the objective gravity of the offending would otherwise warrant. The statutory direction under s 47(3)(d) of the Jury Directions Act 2015 (Vic) to consider 'what the community would reasonably expect' of the accused in forming a reasonable belief in consent is not erroneous and does not risk diverting the jury from their task, as jurors are themselves members of the community.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
2 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.