Back to explore
Justice Matrix · Case profile

Inquest into the Death of Tanya Day (2020)

Victoria, AustraliaCoroners Court of Victoria2020
FavorableHigh precedent
Strategic issue

What was at stake

Aboriginal death in custody after arrest for public drunkenness

Facts

What happened

Tanya Day, a Yorta Yorta woman, was arrested for public drunkenness on a train in December 2017 and taken to Castlemaine Police Station. While in police custody, she suffered multiple falls and sustained a serious head injury. Despite her deteriorating condition, she did not receive adequate monitoring or timely medical attention for several hours. She subsequently suffered a brain haemorrhage and died in hospital 16 days later.

Key holding

What the court decided

Yorta Yorta woman died in police custody after arrest for public drunkenness. Coroner found death preventable. Led to Victoria decriminalising public drunkenness — implementing 29-year-old RCIADIC recommendation.

Reasoning

How the court got there

The Coroner found that Ms Day's death was preventable and attributed it to systemic failures within Victoria Police, including inadequate monitoring and care during her custody. The inquest concluded that officers failed to perform proper welfare checks and did not recognize or respond appropriately to her obvious signs of deteriorating health. This negligence, alongside findings of unconscious bias and systemic racism, contributed directly to her death, highlighting a failure to implement recommendations from the Royal Commission into Aboriginal Deaths in Custody.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Coroners Act 2008 (Vic)
Issue areas

Categories

death-in-custodydecriminalisationpublic-drunkennesstanya-day
Disclaimer and licence

This is a research and reference resource, not legal advice. Summaries are prepared from public sources and may be incomplete or out of date. Always read the original judgment or document and consult a qualified lawyer in the relevant jurisdiction before acting.

Narrative summaries on this page are licensed CC BY-NC 4.0. Reuse them with attribution to JusticeHub for non-commercial purposes. Original judgments and source documents remain under their own terms; follow the authoritative link for the source of record.