Who?
William Bugmy is an Indigenous man who grew up surrounded by drugs and violence in Wilcannia, a remote town in NSW. He’s been in and out of the criminal justice system since the age of 12. Now 32, he hasn’t spent an adult birthday out of jail. He has mental health problems and cannot read or write.
What happened?
Bugmy was on remand in jail in Broken Hill in 2011 when he assaulted a corrections officer with a pool ball, blinding the officer in one eye.
In February 2012 he was sentenced to six years and three months by the Dubbo District Court.
The Crown appealed successfully to the NSW Court of Criminal Appeal arguing the sentence was “manifestly inadequate" and that “with the passage of time, the extent to which social deprivation in a person’s youth and background can be taken into account must diminish”.
Bugmy’s sentence was increased to seven years and nine months.
Bugmy’s lawyers then took the case to the High Court to decide whether that appeal was allowable.
What happened at the High Court?
The case then went to the High Court in October 2013. The two key findings were:
- Social disadvantage does not diminish over time – in other words, no matter how many time the person reoffends, their background should be considered.
- Aboriginal disadvantage is not unique compared to other types of social disadvantage & should not get special treatment in the courts.
The High Court allowed the appeal.
What happens now?
The case heads back to the NSW Court of Criminal Appeal on October 1 2014.
