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Young mum should get lighter sentence after home invasion ‘because she's Aboriginal’, court hears

A NEW mum who was jailed for six months for her role in a violent home invasion in 2018 should have been given a lighter sentence because she is Aboriginal, a court has heard

Bronwyn Bianamu is appealing her 18-month prison sentence, suspended after six months, for unlawful entry and causing harm
Bronwyn Bianamu is appealing her 18-month prison sentence, suspended after six months, for unlawful entry and causing harm

A NEW mum who was jailed for six months for her role in a violent home invasion in 2018 should have been given a lighter sentence because she is Aboriginal, a court has heard.

Bronwyn Bianamu was handed an 18-month prison sentence, suspended after six months, after pleading guilty to unlawful entry and causing harm in October last year.

In an appeal hearing in the Supreme Court on Monday, her lawyer, Mark Thomas argued the penalty was manifestly excessive given she had made it almost all the way the way through her 20s without a criminal record which was “exceptional” for an Aboriginal woman.

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But an incredulous Justice Judith Kelly said the relatively higher rates of incarceration for Indigenous people in the NT was “a far call” from making the woman’s lack of a criminal record “exceptional”.

“Have you just made the submission that it’s exceptional for a 29-year-old Aboriginal woman in the Northern Territory not to have a criminal record, is that what you just said?” she said.

“That’s the most extraordinary submission I’ve ever heard.”

Mr Thomas clarified his submission was that “it’s exceptional for her, as an Indigenous person, to go through her life without any difficulties with the criminal law”.

But Justice Stephen Southwood appeared equally sceptical, noting about one third of the population of the NT was made up of Indigenous people.

“Now there are not 70,000 people in prison Mr Thomas, nor are there 35,000 women of Aboriginal descent in the NT who have a criminal history,” he said.

Mr Thomas also submitted the court should take into account the high rates of incarceration for Aboriginal people in general in determining whether Bianamu’s sentence was excessive.

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But Justice Kelly pointed out that position was at odds with an earlier ruling of the High Court and ignoring that precedent would be “a ludicrous proposition”.

The Court of Appeal will hand down its decision at a date to be fixed.

jason.walls1@news.com.au

Original URL: https://www.ntnews.com.au/truecrimeaustralia/police-courts/young-mum-should-get-lighter-sentence-after-home-invasion-because-shes-aboriginal-court-hears/news-story/7135f97961fa23e8c4a311b48725d7ef