Justice Cameron Macaulay recently delivered a speech titled “Socially Disadvantaged Accused: How (or Should) Courts Take This into Account?”
In this address, Justice Macaulay explores the impact of social disadvantage on sentencing, highlighting the challenges of balancing individual circumstances with community protection. The speech reviews the evolving application of Bugmy principles, particularly in relation to Indigenous offenders, and discusses the complexities of linking social disadvantage to offending behaviour. It also addresses the tension between judicial discretion and legislative guidelines.