Friday 13 June 2008

Court upholds Aurukun gang rape appeal


Chief Justice Paul de Jersey told the court the original sentences were an abrogation of the duty of the court.

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.

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