IN 2010, Ernest Munda of Fitzroy Crossing in Western Australia killed his common law wife of 16 years, with whom he had four children. He was sentenced to prison for seven years and nine months, with a non-parole period of three years and three months.
The taxpayer funded an appeal to the High Court that his sentence was too harsh. He claimed that the Court of Appeal of Western Australia failed to have “proper regard” to his personal circumstances as a “traditional” Aboriginal man. In particular, “an environment in which the abuse of alcohol is endemic in indigenous communities”, was not taken into account.
The High Court knocked him back. The court reiterated that while a person’s background could play a part in mitigation, it needed to be “weighed by the sentencing judge”. At present, judges have discretion, but in future, if Aboriginal culture is recognised in the Constitution, do not be surprised if the likes of Ernest Munda get lighter sentences.