Nigel Scullion (NT, Country Liberal Party, Minister for Community Services) Share this | Hansard source

As I have said many times, I am not a lawyer, I do not have a legal background, but there are some things that strike me about your question. A matter of understanding is a mitigating circumstance. But those circumstances could be established. The fact that somebody did not understand the law would obviously be a mitigating circumstance. But, in this context, whether or not it is a particular language, or whether that language is part of customary law or not, is not the issue. The issue just goes to the matter of whether or not they understood, and that issue would provide some mitigating circumstances in consideration of sentencing and bail, not the fact that it was a customary law or a customary language. The issue is whether or not they understood.