Background factors and sentencing

Should sentencing courts be required to take into account the unique systemic or background factors which have been instrumental in bringing Aboriginal offenders before the courts and into custody? This was one of the questions before the High Court in Bugmy v The Queen, an appeal brought by Mr Bugmy against the decision of the New South Wales Court of Criminal Appeal (CCA) to impose a more severe sentence than that which he had received from the District Court of New South Wales.