Racially biased justice in Australia

An Aboriginal man who raped a pregnant woman was given leniency because of his race and background, the Court of Appeal ruled today. Justices Marcia Neave and Robert Redlich said the sentence imposed on Rodney Daryl Moore, who raped a woman who was eight months' pregnant, was "manifestly inadequate". They upheld an appeal by the Director of Public Prosecutions, who argued that too much weight was given to his background and that Aboriginal offenders should not be sentenced more leniently than non-Aboriginal offenders.

"It appears that his Honour, for reasons of compassion, gave too much weight to the offenders deprived and tragic circumstances," said Justices Neave and Redlich. "The sentence imposed on Mr Moore is so disproportionate to the objective gravity of the offence as to shock the public conscience."

Moore, 24, was originally sentenced in the County Court at Mildura to four years and six months in jail, with a non-parole period of two years and six months, after pleading guilty to rape and aggravated burglary. He was re-sentenced today to five years and six months with a non-parole period of four years.

Justices Neave and Redlich said Judge Michael Bourke recognised that Moore’s Aboriginality had contributed to his disadvantaged background of alcohol, drug abuse and violence. But this had to be balanced against the gravity of the offence, general and specific deterrence, community protection and the respondent’s prospects of rehabilitation.

The DPP argued in the appeal that legal precedent dictated that race should play no part in sentencing. Justices Neave and Redlich said a previous appeal decision had stated "in sentencing persons of Aboriginal descent, the court must avoid any hint of racism, paternalism or collective guilt".

In the judgment, the court said Moore broke into the home of his 21-year-old victim in the early hours of January 10, 2006. The night was extremely warm and the woman, who lived alone, was lying naked on a mattress on the floor to keep cool. Justices Neave and Redlich said that after he raped her Moore said "everyone f***s you’’ which suggested he regarded her as nothing more than an object for his sexual use.

Moore told a psychologist who examined him that he regarded the victim as a "slut". He had prior convictions for aggravated burglary, the appeal judges said, and for offences involving violence. Moore had previously received two community based orders and Judge Bourke found that his prospects for rehabilitation were not good.

"The attack was a violent one," Justices Neave and Redlich said. "The appellant (Moore) invaded the victims home in the early hours of the morning and raped her while she was in an advanced state of pregnancy. "Not surprisingly, the victim was terrified and the rape has had lasting effects on her. (His) impaired mental functioning could not substantially eliminate his responsibility for the offending."

Original report here. (Via Australian Politics)



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