Criminalisation or prohibition: A death in custody prompts drugs law debate

In their article, ‘The death of Veronica Nelson: Reconsidering the criminalisation of opiate use’, Mark Davison and Patrick Keyzer argue that the case should prompt a law reform debate beyond bail reform, to consider whether the prohibition of opiate drugs should be lifted.

Part one

Purpose: To research the impact of coronial recommendations.

Background: The authors note that ‘The bail hearing was a pivotal moment in the sad chronology, and subsequently, reform energy has focused there.’ Paragraphs 317 to 390 of the Coroner’s Report discuss the circumstances of Ms Nelson’s applications for bail, and Appendix C, paragraphs 3 and 4 make a series of recommendations for reform of the Bail Act 1977 (Vic).

Instructions:

1. Locate the Coroner’s Report for case COR 2020 0021 on the Victorian Coroner’s Court website. Read the relevant sections to understand the Coroner’s position.

2. Referring to the list of specific recommendations for ‘urgent legislative amendment of the Bail Act’, research each provision to determine whether the recommendations have been implemented.

3. Research any comments by stakeholders (such as the Victorian government, the Aboriginal Legal Service, Victoria Legal Aid, or the family of Ms Nelson) about the implementation of the recommendations.

4. Discuss the impact of the Coroner’s recommendations. Do you think the process has been effective?

Part Two

Purpose: To understand the debate around the prohibition of opiate drugs.

Instructions: The authors argue the prohibition of opiates creates significant social and economic costs. Working in small groups:

1. Make a list of the costs identified by the authors. For each, identify the evidence they draw on to support their argument, and rate the argument’s persuasiveness on a scale of 1–5.

2. Conduct some research to identify the social and economic costs caused by opiate use and addiction. Make similar notations about supporting evidence and persuasiveness.

3. As a group, decide which side (prohibition or decriminalisation) you support. Identify the three strongest arguments on each side. Write a persuasive essay or prepare an oral presentation that outlines the key arguments in favour of your position, and that rebuts or contextualises the key arguments against.

Hint: Use the article as a guide to appropriate language and expression for a persuasive essay on law reform issues.

Addendum

The Legal Studies column – ‘The right to life? How a human rights lens might prevent deaths in custody’ (2023) 48(4) Alternative Law Journal 303 – and the article on which it was based – Bruce Chen and Anita Mackay, ‘The Nelson Inquest: Relevance of the Victorian Charter to the coronial function of preventing deaths in custody’ – also relate to the death of Veronica Nelson. Teachers may wish to combine the two articles and columns for an in-depth case study, either in sequence or by splitting the class into groups to consider different aspects.

Robert Corr is a Legal Studies teacher at the Mac.Robertson Girls’ High School.

Note for teachers: This activity refers to the story and name of an Indigenous person who has died. Please ensure that you follow culturally safe practices for any Indigenous students in your class, and that your class understands that references to deceased people can be culturally sensitive. A useful reference to share is the NITV guide, ‘Indigenous cultural protocols: What the media needs to do when depicting deceased persons’.