Police v Coe

Case [2024] ACTMC 6


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Coe

Citation: 

[2024] ACTMC 6

Hearing Date: 

18 March 2024

Decision Date: 

3 April 2024

Before:

Special Magistrate Hopkins

Elders:

W Tompkins

E Roberts

S Munro

Coordinator: 

R Roberts (Acting)

Decision: 

See [72].

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – judgment and punishment – sentence – Galambany Court – Circle Sentencing – assault occasioning actual bodily harm – damage property – extenuating circumstances – emotional stress – provocation – assessed, having regard to relevant characteristics of defendant – character – strength of character - experience of First Nations peoples – Aboriginal Tent Embassy - non-conviction order – Good Behaviour Order

Legislation Cited: 

Crimes (Sentencing) Act 2005 (ACT) ss 17, 33(1)(m), 33(1)(q)

Crimes (Sentence Administration) Act 2005 (ACT) s 85

Crimes Act 1900 (ACT) ss 24, 116(3)

Cases Cited: 

Bennett v Daley [2021] ACTSC 15

DPP v Chen [2023] ACTSC 154

DS v R; DS v M [2022] NSWCCA 156; 109 NSWLR 82

Kinnane v Beattie [2022] ACTSC 265

Love v The Commonwealth [2020] HCA 3; 270 CLR 152

Mammoliti v Callagan [2021] ACTSC 259

Masciantonio v R [1995] HCA 67; (1995) 183 CLR 58

Murray v Tulikaki [2022] ACTMC 12

Neal v Queen [1982] HCA 55; 149 CLR 305

Norman v Jones [2024] ACTSC 11

Owen Patterson v Wendy Brookman [2021] ACTMC 16

Paterson v R [2021] NSWCCA 273

Postiglione v The Queen [1997] HCA 26; 189 CLR 295

Proud v Sladic [2014] ACTCA 26; 67 MVR 485

QU v Cattanach [2018] ACTSC 163

R v Fi [2017] ACTSC 190

RLG v Donnelly [2012] WASC 230

Tepania v R [2018] NSWCCA 247

Parties: 

Monica Jane Ballard ( Informant)

Nioka Coe ( Offender)

Representation: 

Counsel

L Thomas ( Crown)

S Brown ( Offender)

Solicitors

ACT Director of Public Prosecution

Legal Aid ACT ( Offender)

File Number:

CC 1271 of 2023

CC 437 of 2023

SPECIAL MAGISTRATE HOPKINS:

Introduction

1․Late on 26 January 1972, four men erected a beach umbrella on the lawn outside the Australian Parliament (now Old Parliament House) and established the Aboriginal Tent Embassy (ATE). So began what may be one of the longest protests for First Nations land rights, self-determination and sovereignty in the world, on what has become a celebrated site of continued resistance to colonial rule, and a place from which First Nations people call for justice and a national reckoning with “the deeper truth” of our history: Love v The Commonwealth [2020] HCA 3; 270 CLR 152 at [289]-[290].

2․One of those four men was your father, Billie Craigie. What he did on that day, and in the days, weeks, months and years that followed, to maintain the ATE, together with your mother Isabelle Coe, gave strength to a movement of First Nations peoples all across this continent who have fought and will continue to fight for justice. Following the example of your parents, who have now both passed, you have dedicated yourself to supporting…

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Police v Coe [2024] ACTMC 6
Case
[2024] ACTMC 6
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CaseChat Overview and Summary

In the case of Police v Coe, the defendant was charged with assault occasioning actual bodily harm and property damage. The case was heard in the Galambany Local Court, which employed Circle Sentencing to consider the matter. Circle Sentencing is a process that involves community members in the sentencing process to provide cultural context and support for the defendant.

The court was required to determine the appropriate sentence for the defendant, taking into account the nature of the offences, the circumstances surrounding the events, and the defendant's personal background. Key issues included the relevance of the defendant's emotional stress and provocation, as well as the impact of their experience as a First Nations person, including their involvement with the Aboriginal Tent Embassy. The court also needed to weigh the defendant's character, including their strength of character, in the sentencing decision.

The court considered the extenuating circumstances and the defendant's personal history, including their cultural background and experiences. The Galambany Local Court decided to impose a non-conviction order and a Good Behaviour Order rather than a traditional custodial sentence. The court emphasised the importance of rehabilitation and community support for the defendant, aiming to address the underlying issues that contributed to the offending behaviour. This approach reflected the principles of Circle Sentencing, which prioritise healing and reconciliation.

The final orders of the court included the defendant being subject to a non-conviction order and a Good Behaviour Order, reflecting the court's decision to avoid a custodial sentence and instead focus on rehabilitation and support. This decision underscores the importance of considering cultural and personal factors in the sentencing process, particularly in cases involving First Nations defendants.

Orders

Orders of the court

See [72].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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