Native Criminal Jurisdiction After Mabo
Bibliographic Data
| ID | 15310312 |
|---|---|
| Authors | Stanley Yeo (Professor of Law, Southern Cross University. I am grateful to my colleague, David Heilpern, and to Garth Nettheim and Stephen Odgers for their helpful comments on an earlier draft of this article. David Heilpern also provided the information on R v Walker (unreported, Lismore Local Court) in which he had represented the accused., corresponding author) |
| Year | 1994 |
| Volume | 6 |
| Issue | 1 |
| Pages | 9-26 |
| Publication date | 1994-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Current Issues in Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1034-5329 • E-ISSN: 2206-9542 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/10345329.1994.12036630 |
| OpenAlex | W2742344533 |
| Language | EN |
| Citations received | 2 |
| References cited | 1 |
While the High Court decision in Mabo was specifically concerned with native title, some of its major pronouncements have broader application. This article extracts those pronouncements and applies them to the area of native criminal jurisdiction. This area involves the issues of whether native criminal jurisdictions survived British settlement and, if so, whether they were subsequently extinguished by legislation or executive acts. Several decided cases which have refused to recognise native criminal jurisdiction are analysed in the light of the Mabo decision. The final part of the article argues for legislative measures providing Aboriginal communities with their own criminal jurisdiction
Business · Criminal jurisdiction · Criminal law · Criminology · High Court · Jurisdiction · Legislation · Legislature · Political science · Project commissioning · Publishing · Settlement (finance · Sociology · Conflict of Laws and Jurisdiction · International Law and Human Rights · Law
| Citations per year | 0.1 |
|---|---|
| Citation span | 2005 - 2011 (7) |
| Highly cited | No |