Policing Indigenous Australians

This requirement was dropped in New South Wales in a 1908 amendment to the Vagrancy Act 1902.

NSW Anti-discrimination Board, Study of Street Offences and Aborigines (1982) 48.

Heilpern D , ‘Judgment: Police v Shannon Thomas Dunn, Dubbo Local Court’ (1999) 24 Alt.LJ 238, 241.

See, Walsh B , ‘Offensive Language: A Legal Perspective’ in Eades D (ed), Language in Evidence (1995) 203, 207; McNicoll D , ‘A Word to Swear By’, The Australian (Sydney), 3 September 1999, 11.

Commonwealth, Royal Commission into Aboriginal Deaths in Custody, National Report of Inquiry (1991).

DPP v Carr [2002] NSWSC 194.

Ibid [4].

Ibid [2].

Ibid [35].

Lake and Gault v Dobson (Unreported, New South Wales Court of Criminal Appeal, 19 December 1980) (Samuels J).

Ibid.

NSW Police, ‘Law notes 02/13, When to refrain from arresting for minor offences’ in PSW 14(13) 8 April 2002, 9.

New South Wales, Victoria & Tasmania, Royal Commission into Aboriginal Deaths in Custody, Regional Report of Inquiry in New South Wales, Victoria and Tasmania (1991) Recommendation 86–7.

Aboriginal and Torres Strait Islander Commission, Zero Tolerance Policing: Implications for Indigenous People#5 (2002) <www.atsic.gov.au/issues/law_and_justice/zero_tolerance_policing/report/7ztp.asp> at 5 June 2003.

Justices (Amendment) Act 1993 (NSW) ss 100AA-AB.

York C , ‘Police Move to Reduce Confrontation with Field Court Attendance Notices’ (1997) 33 Law Society Journal 25.

Carr [2002] NSWSC 194 [43–6].

Ibid [9].

See above n 12.

See, eg, Fleet v District Court [1999] NSWCA 363; Daemar v Corporate Affairs Commission (Unreported, New South Wales Court of Appeal, 4 September 1990); Police v Shannon Thomas Dunn (Unreported, Dubbo Local Court, 27 August 1999).

Evidence Act 1995 (NSW) s 138 provides that evidence that is illegally or improperly obtained should not be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.

See above n 13, 145.

‘Public Order Offences’ in Cunneen C Libesman T , Indigenous People and the Law in Australia (1995) 93.

See, eg, ABC Television documentary Cop It Sweet, 1991. See also above n 12.

Goldsmith A Israel M Daly K (eds), Crime and Justice: An Australian Textbook in Criminology (2nd edition, 2003) 254; Besant J Carrington K Cook S (eds), Cultures of Crime and Violence (1995); James S (ed), Police and the Culture of Violence, 2001.

See above n 13, 211–2.

Matza (1969) in Bottomley K Coleman C , Understanding Crime Rates (1981) 102.

DPP v Carr [2002] NSWSC 194 [6-1-0].

Police v Shannon Thomas Dunn (Unreported, Dubbo Local Court, 27 August 1999).

See, Hunter B , Factors Underlying Indigenous Arrest Rates (2001) for a national comparative study of Indigenous Australians who are arrested with those who are not.

McRae H Nettheim G Beacroft L , Indigenous Legal Issues — Commentary and Materials (3rd edition, 2003) 501.

Cunneen , above n 23, 92.

Jochelson R , ‘Aborigines and Public Order Legislation in New South Wales’ (1997) 34 Crime and Justice Bulletin 1; Gardiner G , ‘Indigenous men and the Victoria Police: Alleged offenders, rates of arrest and over-representation in the 1990's’ (2001) 5 Indigenous Law Bulletin 20.

‘Police culture and the use of discretion’ in Cunneen C , Conflict, Politics and Crime — Aboriginal Communities and the Police (2001).

Brown D Farrier D Neal D Weisbrot D , Criminal Laws: Materials and Commentary on the Criminal Law and Process of New South Wales (1990).

See, eg, Crimes Act 1900 (ACT) s 392; Summary Offences Act 1988 (NSW) ss 4 and 4A.

See above n 13, 268.

Blazejowska prepared a submission to a review of the swearing law, conducted by the NSW Attorney-General in 1995, on behalf of Redfern Legal Centre, discussed in Glover R , ‘Why Offensive Words Should be Redefined’ in Cunneen , above n 23, 93.

Bronitt S Williams G , ‘Political Freedom as an Outlaw: Republican Theory and Political Protest’ (1996) 18(2) Adel LR 289, 312.

Sarre R Tomaino J (eds), Key Issues in Criminal Justice (2004) 49–79.

McRae , above n 31, 501–3.

Jochelson , above n 33; Amnesty International, Australia: A Criminal Justice System Weighted against Aboriginal People (1993) 23.

Jochelson , above n 33.

See above n 13, 268.

‘From over-policing to zero tolerance’ in Cunneen , above n 33.

Bureau of Crime, Statistics and Research Brief, (August 1999) in Chan C Cunneen C , Evaluation of the Implementation of NSW Police Service Aboriginal Strategic Plan, Commissioned by the NSW Police Service and the NSW Ombudsman (June 2000).

Sherman L , ‘Defiance, Deterrence, and Irrelevance: A Theory of the Criminal Sanction’ (1993) 30 Journal of Research in Crime and Delinquency 445–73.

Chan , above n 46, 2.

ICJ (1990) in Aboriginal and Torres Strait Islander Commission, Keeping Aboriginal and Torres Strait Islander People Out of Custody — The Impact of Policing <www.atsic.gov.au/issues/law_and_justice/rciadic/keeping_atsi_people_out_of_custody.asp> at 5 June 2003.

Grabosky P N , ‘Zero Tolerance Policing’ (1999) 102 Australian Institute of Criminology, 3.

See above n 5, 12 [1.7.1].

See, eg, above n 24.

Dennis M , ‘Is this the death of the TRIFECTA’ (2002) 40 Law Society Journal, 66, 67.

The Court in DPP (NSW) v CAD [2003] NSWSC 196 and Wilson v DPP [2002] NSWSC 935 both respectively held that the relevant fact scenario could be distinguished from Carr because the accused was not known to police.