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Test case on whether Aboriginality can be used as a defence

The High Court has begun hearing a historic test case, on whether Aboriginality can be used as a defence in sentencing.

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In 2001, William Bugmy was convicted of assaulting three corrections officers.

But his sentence was increased after an appeal by the Director of Public Prosecutions.

Mr Bugmy's lawyers argue his experiences have affected his mental health as an Aboriginal person.

His lawyer cited both the Little Children are Sacred Report and the Bringing them Home report and said that Mr Bugmy's experiences had affected his mental health and how he understands what he has done.


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