Early in September Sydney barrister Chantal Nguyen spoke at the Success Works cocktail event at the law firm Wotton and Kearney. Chantal works at 7 Wentworth Selbourne and advises and appears in matters relating to commercial litigation, public law matters and criminal law (defence and prosecution). She is also an award-winning arts writer and is the Sydney Morning Herald’s dance critic. Board member Prudence Black followed up with Chantal after the Wotton and Kearney event to ask her some questions in relation to the talk she gave at the Success Works function.
Can you describe why you became a lawyer?
“A high school teacher recommended it because as a teenager apparently, I displayed a “cynicism beyond my years”! That and I knew there would always be work to do in the justice space.”
Do you think there is greater stigma attached to women having a criminal record than men and what are the implications if this is the case?
“Women face comparatively more inequalities than men in almost all aspects of life, and this might include the stigma involving a criminal record.”
Many women are incarcerated for relatively minor offences. In these circumstances are prisons the best places to go to provide rehabilitation?
“This will depend on the individual circumstances of the woman in question and the offence committed. If the offence is minor and the woman’s prospects of rehabilitation quite positive and would be better supported by a sentence served in the community, then a non-custodial sentence might be more appropriate.”
You seem to be keenly aware of the way that one’s life history can affect what happens in life. How important is this to consider when legal judgements are made?
“These are considered as part of the subjective factors in a sentence hearing under NSW sentencing legislation. The skill with which they are brought to the attention of the Court will often depend on the quality of legal representation (if any) that an offender engages.”
At the Wotton and Kearney event you showed a quote from Trevor Noah’s book Born a Crime – ‘It’s easy to be judgemental about crime when you live in a world wealthy enough to be removed from it.’ Would you like to comment on why that quote resonated with you?
“I included that quotation because it was an effective way to remind an audience that a person’s decision to commit a crime – or conversely a person’s ability to live a crime-free life – is often influenced by contextual factors related to their environment and psychosocial history. Many people are unaware of this and can judge an individual’s criminal record without considering the history behind it.”
Do you have a view on the Ban the Box initiatives in the US and UK where the criminal record check box is removed from job applications to encourage fair access to employment?
“While I understand the motivations of the initiative, if I was an employer I admit I would want to know what a person’s criminal history was.”
Success Works believes that volunteering is an enormously effective and beneficial process for women affected by the criminal justice system. We particularly acknowledge the essential and valuable contribution mentors make in providing support and empowerment to women who are committed to seeking, securing, and maintaining employment. We are currently looking for new mentors. Could you change a woman’s life?
We are currently looking for new Mentors. Could you change a woman’s life?
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