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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 >> Magistrates' Courts >> Aboriginal and Torres Strait Islander Defendants - South Australia - Magistrates' Courts


ABORIGINAL AND TORRES STRAIT ISLANDER DEFENDANTS

South Australia

In the Magistrates' Courts in 2011-12, 3,904 defendants (15%) in South Australia identified as Aboriginal and Torres Strait Islander.

Graph Image for DEFENDANTS FINALISED(a), Magistrates' Courts, Indigenous Status, South Australia

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 varied for Aboriginal and Torres Strait Islander defendants when compared to non-Indigenous defendants. In South Australia, 28% of Aboriginal and Torres Strait Islander defendants were female compared to 18% of non-Indigenous defendants.

The age profile of Aboriginal and Torres Strait Islander defendants was similar to non-Indigenous defendants. Those aged under 30 years accounted less than half (47%) of all Aboriginal and Torres Strait Islander defendants compared with 44% of non-Indigenous defendants.

Graph Image for DEFENDANTS FINALISED(a), Magistrates' Courts, Indigenous Status(b) by age, South Australia

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 some variation when comparing offence categories. In South Australia, the three main offences for Aboriginal and Torres Strait Islander defendants adjudicated were: public order offences (32%), acts intended to cause injury (22%) and theft (12%). For non-Indigenous defendants the three main offences were: public order offences (19%), theft (18%) and acts intended to cause injury (17%).

When comparing Aboriginal and Torres Strait Islander defendants with non-Indigenous defendants, the proportions of custodial to non-custodial orders varied in 2011-12. In South Australia, 20% of Aboriginal and Torres Strait Islander defendants proven guilty were sentenced to custodial orders compared with 13% of non-Indigenous defendants. By age, similar proportions of Aboriginal and Torres Strait Islander defendants and non-Indigenous defendants aged under 25 years received custodial sentences.

Graph Image for DEFENDANTS PROVEN GUILTY(a), Magistrates' Courts, Indigenous Status(b), Custodial orders by age, South Australia

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



For both Aboriginal and Torres Strait Islander defendants and non-Indigenous defendants proven guilty and sentenced to a non-custodial order, 20 to 24 year olds accounted for the largest proportion (20% compared to 21%), followed by 25 to 29 years old (19% compared to 17%).

The age group that least commonly received a non-custodial order was similar for Aboriginal and Torres Strait Islander and non-Indigenous defendants:
  • 2% of Aboriginal and Torres Strait Islander defendants aged 55 years and over were sentenced to non-custodial orders
  • 5% of non-Indigenous defendants aged 50 to 54 years were sentenced to non-custodial orders.

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