INDIGENOUS STATUS

This chapter presents data about the Indigenous status of defendants finalised in the criminal courts in New South Wales, Queensland, South Australia and the Northern Territory in 2014–15. Based on ABS assessment, Indigenous status data for other states and territories were not of sufficient quality and/or did not meet ABS standards for self-identification for national reporting in 2014–15.

Defendants with a principal offence of Traffic and vehicle regulatory offences or Dangerous and negligent driving offences have been excluded from Indigenous status data within this publication. Organisations are also excluded. For more information see Explanatory Notes paragraphs 59–62.

ABORIGINAL AND TORRES STRAIT ISLANDER DEFENDANTS

In 2014–15, the number of finalised defendants who identified as Aboriginal and Torres Strait Islander across the selected states and territories were:

• 10,559 (13%) in New South Wales;
• 23,746 (22%) in Queensland;
• 4,813 (18%) in South Australia; and
• 6,766 (77%) in the Northern Territory. (Table 11)

COURT LEVEL

In 2014–15, the proportion of defendants who identified as Aboriginal and Torres Strait Islander was greater amongst those finalised within the Children’s Courts across all the selected states and territories.

Of all defendants finalised in the Children’s Courts:

• In New South Wales, 30% (1,810) identified as Aboriginal and Torres Strait Islander;
• In Queensland almost half (46% or 2,983) identified as Aboriginal and Torres Strait Islander;
• In South Australia, over one-third (36% or 771) identified as Aboriginal and Torres Strait Islander; and
• In the Northern Territory, almost nine in ten (87% or 696) identified as Aboriginal and Torres Strait Islander. (Table 12)

SEX

As shown in the graph below, the proportion of defendants who were female was:

• In New South Wales, 25% for Aboriginal and Torres Strait Islander defendants compared with 18% for non-Indigenous defendants;
• In Queensland, 31% for Aboriginal and Torres Strait Islander defendants compared with 22% for non-Indigenous defendants;
• In South Australia, 27% for Aboriginal and Torres Strait Islander defendants compared with 18% for non-Indigenous defendants; and
• In the Northern Territory, 21% for Aboriginal and Torres Strait Islander defendants compared with 16% for non-Indigenous defendants. (Table 11)

PRINCIPAL OFFENCE

In 2014–15, Acts intended to cause injury was the most common principal offence for defendants who identified as Aboriginal and Torres Strait Islander:

• In New South Wales (39% or 4,149);
• In South Australia (30% or 1,433); and
• In the Northern Territory (43% or 2,878).

It was also the most common principal offence amongst non-Indigenous defendants finalised within these jurisdictions.

In Queensland, the most common principal offence amongst defendants who identified as Aboriginal and Torres Strait Islander was Public order offences (29% or 6,810). In contrast, the most common principal offence amongst non-Indigenous defendants finalised in the state was Illicit drug offences 26% (20,789). (Table 11)


METHOD OF FINALISATION

There was a higher proportion of Aboriginal and Torres Strait Islander defendants who were proven guilty in 2014–15, compared with non-Indigenous defendants across the four states and territories. The difference was greatest in the Northern Territory where 83% of Aboriginal and Torres Strait Islander defendants were proven guilty, compared with 77% of non-Indigenous defendants. (Table 11)


PRINCIPAL SENTENCE

In 2014–15, the proportion of defendants who were proven guilty and sentenced to custody in a correctional institution was greater amongst Aboriginal and Torres Strait Islander defendants compared with non-Indigenous defendants across all selected states and territories.

The difference was greatest in the Northern Territory where over half (53% or 2,995) of all Aboriginal and Torres Strait Islander defendants proven guilty were sentenced to custody in a correctional institution, compared with 30% (409) of non-Indigenous defendants. (Table 11)

SENTENCE LENGTH

For all defendants finalised (excluding those sentenced to life or indeterminate sentence), the median length of custody in a correctional institution was greater amongst non-Indigenous defendants in:

• Queensland where the median length of custody amongst non-Indigenous defendants was 9 months, compared with 6 months for Aboriginal and Torres Strait Islander defendants; and
• South Australia where the median length of custody amongst non-Indigenous defendants was 10 months, compared with 4 months amongst Aboriginal and Torres Strait Islander defendants.

In New South Wales and the Northern Territory the median length of custody was the same irrespective of Indigenous status (12 months in New South Wales and 3 months in the Northern Territory). (Table 50)