Court upholds Aurukun gang rape appeal
ABC News
Posted 3 hours 22 minutes ago
Updated 13 minutes ago
Paul de Jersey says the original sentences were an abrogation of duty. (ABC TV)
Video: Aurukun gang rape appeal upheld (ABC News) Audio: Court upholds Aurukun gang rape appeal (The World Today) Audio: Full audio of Chief Justice Paul de Jersey's remarks of the Aurukun gang rape appeal. (ABC News) Map: Brisbane 4000
Related Story: Qld Govt releases scathing Cape York legal system report Related Story: No 'fair' legal system in Cape York: Springborg Related Link: Read the full text of the Court of Appeal ruling upholding the appeal by the Qld Attorney-General against the Aurukun gang rape case. Jail sentences have been imposed on five of the nine males convicted over a rape of a 10-year-old girl at Aurukun in Cape York in far north Queensland in 2006.
The Court of Appeal in Brisbane today upheld the Queensland Attorney-General's challenge against the original non-custodial punishment given to those involved.
Three men will now serve at least two years in jail, one juvenile will serve a year, and another 18 months.
Four other juveniles have been placed on three years' probation and convictions have been recorded.
Attorney-General Kerry Shine launched the appeal in February amid a public outcry when the three men and six juveniles were handed non-custodial sentences after pleading guilty to the crime.
Chief Justice Paul de Jersey today described the case as a clear miscarriage of justice.
He said the prosecution must bear some of the blame, but ultimate responsibility lies with the sentencing judge.
Chief Justice de Jersey told the court the original sentences were an abrogation of the duty of the court.
He allowed his remarks to be broadcast.
"These errors were so serious as to produce a clear miscarriage of justice," he said.
Chief Justice de Jersey handed down the result at 11am AEST.
Police say no extra officers have been sent to Aurukun for today's Court of Appeal decision.
They say extra police will be sent to the remote Indigenous community if there is any unrest as a result of the decision.
Viewed 13/06/08 at 14:21
