http://www.news.com.au/story/0,23599,22896159-2,00.html
QUEENSLAND'S Attorney-General Kerry Shine says he will appeal sentences handed down against nine males who gang-raped a 10-year-old girl in 2005.
Cairns-based District Court judge Sarah Bradley did not record convictions against six teenage attackers and gave three others aged 17, 18 and 26 suspended sentences over the incident at the indigenous Aurukun community on Cape York.
The girl had "probably agreed" to have sex with the youths, Judge Bradley said during her sentencing remarks, The Australian newspaper reported today.
Mr Shine today met with Director of Public Prosecutions Leanne Clare for urgent advice, and determined the October sentences would be appealed, even though the deadline had passed.
"I am truly horrified by the circumstances of these offences," he said in Brisbane today.
"The law should be consistent in its application, whether it be in Aurukun or Clayfield."
Premier Anna Bligh has ordered all Cape York sexual offence sentences to be reviewed, to ensure there was not a trend of leniency.
"The nature of the sentences in this case are so far from community expectations I have to say I am alarmed, and I am not prepared to just write this off as an unusual one-off case," she said.
Opposition justice spokesman Mark McArdle said the penalties the prosecution sought should also be investigated.
"How did the DPP fail to put any evidence before the court, any submissions warranting a custodial sentence, and why didn't the DPP's office insist on a custodial sentence in these circumstances?" Mr McArdle said.
He was also concerned that the victim was said to have agreed to sex, as children could never consent.
Prime Minister Kevin Rudd said he was also "horrified" at the case.
"I'm disgusted and appalled by the reports that I've seen in today's newspapers on this case," Mr Rudd said in Brisbane.
The comments of Justice Bradley were swiftly condemned by prominent Brisbane-based Aboriginal academic Professor Boni Robertson, who called for her to step down.
"It's actually undermined everything we have worked for over the last 10 years to get our women justice in this country," Prof Robertson said in Brisbane today.
"There is something even more sinister ? it's actually given a very clear message to perpetrators out there generally.
"I don't care that they are black, white or whatever.
"I think it's allowed perpetrators to think if you can come up with a defence that she asked for it or she condoned it, then that gives them a sense of leniency."
Ms Bligh said she was not aware of the sentencing until today, but knew of the child involved.
In 2006, an officer from the Child Safety department was dismissed after placing the girl into the Aurukun community from foster care.
She is now back in foster care, receiving medical and other treatment, and is reportedly doing well, Ms Bligh said.
Ms Bligh and Mr Shine did not join others in calling for the sacking of Ms Clare and Judge Bradley.
QUEENSLAND'S Attorney-General Kerry Shine says he will appeal sentences handed down against nine males who gang-raped a 10-year-old girl in 2005.
Cairns-based District Court judge Sarah Bradley did not record convictions against six teenage attackers and gave three others aged 17, 18 and 26 suspended sentences over the incident at the indigenous Aurukun community on Cape York.
The girl had "probably agreed" to have sex with the youths, Judge Bradley said during her sentencing remarks, The Australian newspaper reported today.
Mr Shine today met with Director of Public Prosecutions Leanne Clare for urgent advice, and determined the October sentences would be appealed, even though the deadline had passed.
"I am truly horrified by the circumstances of these offences," he said in Brisbane today.
"The law should be consistent in its application, whether it be in Aurukun or Clayfield."
Premier Anna Bligh has ordered all Cape York sexual offence sentences to be reviewed, to ensure there was not a trend of leniency.
"The nature of the sentences in this case are so far from community expectations I have to say I am alarmed, and I am not prepared to just write this off as an unusual one-off case," she said.
Opposition justice spokesman Mark McArdle said the penalties the prosecution sought should also be investigated.
"How did the DPP fail to put any evidence before the court, any submissions warranting a custodial sentence, and why didn't the DPP's office insist on a custodial sentence in these circumstances?" Mr McArdle said.
He was also concerned that the victim was said to have agreed to sex, as children could never consent.
Prime Minister Kevin Rudd said he was also "horrified" at the case.
"I'm disgusted and appalled by the reports that I've seen in today's newspapers on this case," Mr Rudd said in Brisbane.
The comments of Justice Bradley were swiftly condemned by prominent Brisbane-based Aboriginal academic Professor Boni Robertson, who called for her to step down.
"It's actually undermined everything we have worked for over the last 10 years to get our women justice in this country," Prof Robertson said in Brisbane today.
"There is something even more sinister ? it's actually given a very clear message to perpetrators out there generally.
"I don't care that they are black, white or whatever.
"I think it's allowed perpetrators to think if you can come up with a defence that she asked for it or she condoned it, then that gives them a sense of leniency."
Ms Bligh said she was not aware of the sentencing until today, but knew of the child involved.
In 2006, an officer from the Child Safety department was dismissed after placing the girl into the Aurukun community from foster care.
She is now back in foster care, receiving medical and other treatment, and is reportedly doing well, Ms Bligh said.
Ms Bligh and Mr Shine did not join others in calling for the sacking of Ms Clare and Judge Bradley.
