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4513.0 - Criminal Courts, Australia, 2011-12 Quality Declaration 
Previous ISSUE Released at 11:30 AM (CANBERRA TIME) 14/02/2013   
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Contents >> Children's Courts >> Aboriginal and Torres Strait Islander defendants - Queensland - Children's Courts


ABORIGINAL AND TORRES STRAIT ISLANDER DEFENDANTS

Queensland

In the Children's Courts in 2011–12, 2,681 defendants (40%) in Queensland identified as Aboriginal and Torres Strait Islander.

Graph Image for DEFENDANTS FINALISED(a), Children's Courts, Indigenous Status, Queensland

Footnote(s): (a) Excludes ANZSOC Division 14 and Subdivision 041 (see Explanatory Notes paragraph 50-51) and organisations

Source(s): Criminal Courts, Australia



The proportion of males and females was similar for Aboriginal and Torres Strait Islander defendants and non-Indigenous defendants: 25% of Aboriginal and Torres Strait Islander defendants were female compared with 24% of non-Indigenous female defendants.

Proportionally, the spread of defendants across age groups was similar for Aboriginal and Torres Strait Islander and non-Indigenous defendants. The largest age group of defendants heard in the Children's Courts were 16 year olds, representing 28% of all Aboriginal and Torres Strait Islander defendants and 35% of all non-Indigenous defendants.

Graph Image for DEFENDANTS FINALISED(a), Children's Courts, Indigenous Status(b) by age, Queensland

Footnote(s): (a) Excludes ANZSOC Division 14 and Subdivision 041 (see Explanatory Notes paragraph 50-51) and organisations. (b) Excludes defendants with an Indigenous Status of not stated.

Source(s): Criminal Courts, Australia



There was variation in the offence categories for Aboriginal and Torres Strait Islander defendants and non-Indigenous defendants. The three main offences for Aboriginal and Torres Strait Islander defendants adjudicated in Queensland were: unlawful entry with intent (29%), theft (28%) and public order (13%). For non-Indigenous defendants the three main offences were: theft (31%), public order (16%), and unlawful entry with intent (14%).

When comparing sentences received by Aboriginal and Torres Strait Islander defendants with non-Indigenous defendants, the proportions of custodial and non-custodial orders varied. In Queensland 10% of Aboriginal and Torres Strait Islander defendants proven guilty were sentenced to custodial orders compared to 5% of non-Indigenous defendants. Defendants aged 15 to 16 years had the highest proportion of custodial sentences handed down for both Aboriginal and Torres Strait Islander and non-Indigenous defendants.

Graph Image for DEFENDANTS PROVEN GUILTY(a), Children's Court, Indigenous Status(b), Custodial orders by age, Queensland

Footnote(s): (a) Excludes ANZSOC Division 14 and Subdivision 041 (see Explanatory Notes paragraph 50-51) and organisations. (b) Excludes defendants with an Indigenous Status of not stated.

Source(s): Criminal Courts, Australia



Of all Aboriginal and Torres Strait Islander defendants proven guilty and sentenced to a non-custodial order in the Children's Courts in 2011-12, 16 year olds accounted for just over one-quarter (27%), followed by 15 year olds (24%). The profile of non-Indigenous defendants sentenced to a non-custodial order was slightly different, with 36% of 16 years olds sentenced to a non-custodial order compared to 26% of 15 year olds.

The age group that least commonly received a non-custodial order was the same for Aboriginal and Torres Strait Islander and non-Indigenous defendants:
  • less than 1% of both Aboriginal and Torres Strait Islander and non-Indigenous defendants aged 19 years and over were sentenced to a non-custodial order.

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