One day's jail for 'underage sex'
By Rod McGuirk
October 08, 2002
AN Aborigine who had sex with his 15-year-old promised wife has had his jail sentence reduced to a single day in recognition of his cultural tradition.
Jackie Pascoe, 50, had been sentenced by a Darwin magistrate to 13 months' jail for unlawfully having sexual intercourse with a girl under 16 plus firearm offences.
But Northern Territory Supreme Court Justice John Gallop today reduced the sentence for the sexual component to one day.
That sentence is to be served concurrently with a 14-day sentence for the firearm offences.
"It's well accepted these days that courts have regard to Aboriginal law," Justice Gallop said.
The girl from Maningrida in Arnhem Land had been promised to Pascoe at an early age and Pascoe, as her promised husband, had made payments to her family, the court was told.
She was 15-years-and-three-months-old when her family decided she should become Pascoe's wife and took her to his outstation east of Maningrida on August 20 last year.
The next day, the girl wanted to go back to Maningrida with friends.
But the friends drove off without her after Pascoe discharged his shotgun.
Pascoe pleaded guilty to discharging an unlicensed shotgun and being an unregistered holder.
North Australian Aboriginal Legal Service lawyer Gerard Bryant argued that Magistrate Vince Luppino had gone outside the boundary of the facts in sentencing.
Mr Luppino had commented that there was an element of compulsion in the relationship and he did not like the age difference.
He included a general deterrent in the sentence to dissuade future arranged marriages with underage girls.
Justice Gallop found the magistrate had gone outside the facts in sentencing for a crime less then rape.
He found the firearm offences were more serious than the unlawful sexual intercourse.
AAP
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