Customary Law: Aboriginal And Torres Strait Islander
Although Aboriginal and Torres Strait Islander customary laws are shown to be harsh, even brutal at times, Australian law has changed to integrate this cultural heritage.
Although uncommon, customary law has been applied in legal rulings, as seen in cases involving Aboriginal or Torres Strait Islander people (Colin Goodsell v Galarrwuy Yunupingu). Traditional punishments such as payback have also been recognised by some Australian courts (The Queen v Wilson Jagamara Walker).[1]
Furthermore, in some cases defence lawyers have specifically asked for their clients to be released on bail to face punishment under customary law. Additionally, requests for reduced sentences have been dismissed by judges for the sake of tribal punishment.[2]
The extent
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