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THE RECOGNITION OF ABORIGINAL CUSTOMARY LAWS - 735. Range of Offences.
Four offences, all set out in Chapter 4 of the By-laws ('Conduct and Behaviour') are almost exclusively the source for charges in recent years:

· being under the influence of alcohol;

· behaving in a disorderly manner;

· assault; and

· gambling.

The vast majority of offenders were charged with the first two of these offences. For example at Kowanyama Aboriginal Court in June 1984, 173 offenders (some repeat offenders) came before the court. Nearly all the offenders faced charges of being under the influence of alcohol (usually fined $5) and behaving in a disorderly manner (usually fined $10) although in addition there were 17 charges of assault and 11 of gambling. There were 30 pleas of not guilty to one or other of the offences charged. At Edward River Aboriginal Court in June 1984 65 offenders appeared. Of these 17 faced the charge of being under the influence of alcohol, and 44 of disorderly conduct. In contrast to Kowanyama only two faced both charges. Most, probably all, of the disorderly behaviour charges related to alcohol, but two charges were specifically identified as involving damage to property. In these cases restitution of $10 and $80 was ordered to be paid. In addition, 5 persons were charged with breaching the regulations by possessing alcohol in the trust area. All were banned from the beer canteen for three weeks.


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