Namarnyilk v The Queen

The case of *Namarnyilk v The Queen* was heard by the Court of Criminal Appeal of the Northern Territory, presided over by Riley CJ, Blokland and Barr JJ. The appeal concerned the sentence imposed on the appellant, who had been convicted of maintaining a sexual relationship with a child. The appellant argued that the sentence was manifestly excessive.

The Court was required to determine whether the sentencing judge had erred in setting a starting point of 18 years imprisonment for the offence. This involved considering the relevance of comparable sentences for constituent offences and established sentencing standards. Additionally, the Court had to assess the relevance of the appellant's status as an Aboriginal offender, including considerations of social disadvantage and life expectancy, and whether the evidence presented on these matters was sufficient. Finally, the Court was asked to review the non-parole period of 11 years, considering the seriousness of the offending and the lack of consideration for rehabilitation.

In its reasoning, the Court affirmed that a starting point of 18 years imprisonment was not manifestly excessive given the gravity of the offence. Regarding the sentencing of an Aboriginal offender, the Court held that while social disadvantage and reduced life expectancy are relevant, general statistics are insufficient; evidence specific to the offender's circumstances is required. The Court found that the sentencing judge had properly considered the seriousness of the offending. However, it determined that the non-parole period of 11 years was excessive, particularly as rehabilitation had not been considered.

Consequently, the Court allowed the appeal in part, reducing the non-parole period from 11 years to 10 years and 1 month, pursuant to section 55A of the *Sentencing Act 1995* (NT). The sentence of imprisonment was otherwise upheld.