... In Walker v New South Wales 2 he again denied the possibility of judicial recognition of Aboriginal customary law in his decision. On the other hand, Zdenkowski argues that the recognition of Aboriginal customary punishment by the general legal system is well established.3 Zdenkowski examines the legal and policy implications of such recognition and also the issues that raised subsequently. In Wilson Jagamara Walker 4, the court reduced the penalty it would have imposed on a person convicted of manslaughter because of the expectation that the defendant would receive customary punishment traditional "payback" by spearing in the thigh for his crime. Martin CJ recognized and took into account the mitigating factors operating in the defendant's favor, in which the expected "payback" punishment was among the other personal difficulties and circumstances. Therefore, he suspended the 3-year sentence forthwith upon the entry by he defendant into a 2-year good behavior bond on ...

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