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Aboriginal Law Bulletin |
Supreme Court of South Australia, Johnson, E.
24 September, 1987.
Casenote by Julie Green
In a case of unlawful wounding, Justice Elliot Johnson held that 'Tribal' punishment, inflicted upon the accused Rankine had no place in the law.
Rankine, whilst under the influence of alcohol; attacked another man with a wine flagon cutting the victims face. Rankine's own Aboriginal people responded with the 'pay-back' system and similarly attacked Rankine. The defendant accepted this punishment as appropriate and deserved. However, Justice Johnson specifically omitted to take the moral punishment into consideration when passing his sentence of 26 months jail.