Qld: Barrister says judge was not out of line in gang rape case

AAP General News (Australia)
12-13-2007
Qld: Barrister says judge was not out of line in gang rape case

A Tasmanian barrister says a District Court judge in Queensland was RIGHT not to jail
nine males .. who pleaded guilty to the gang rape of a 10-year-old girl in 2006.

GREG BARNS is a barrister of 20 years with a special interest in prison reform.

He says he believes the outrage over the sentences and controversial remarks of Cairns-based
District Court judge SARAH BRADLEY is unwarranted.

Judge BRADLEY didn't record convictions against six teenage attackers .. and gave three
others aged 17 .. 18 and 26 suspended sentences over the rape.

Mr BARNS says it's right to regard jail as inappropriate .. for the six defendants
under the age of 16.

And he says custodial sentences aren't the way to rehabilitate people .. particularly
Aboriginal Australians.

Mr BRADLEY says Judge BRADLEY's controversial remarks .. saying the girl had probably
agreed to the sex .. is simply stating that the accused hadn't physically struggled.

He says she's not implying there was legitimate consent on the part of the victim.





Mr BARNS says the true outrage in this case is the over-representation of indigenous
people in prisons.

He says as at 30 June 2006 .. indigenous prisoners represented 24 per cent of the total
prisoner population.

AAP RTV gd/lc/tm/wz/crh

KEYWORD: GANG BARNS (BRISBANE)

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