ABORIGINAL AND TORRES STRAIT ISLANDER DEFENDANTS

During 2013-14, data about the Indigenous status of finalised defendants are only available for:

• New South Wales;
• Queensland;
• South Australia; and
• the Northern Territory.

Based on ABS assessment, Indigenous status data for other states and territories are not of sufficient quality and/or do not meet ABS standards for self-identification for national reporting in 2013-14.

For Indigenous status data presented in the Criminal Courts publication, defendants with a traffic offence as their principal offence have been excluded. This is because most traffic offences are related to fines issued by road traffic authorities where it is usually not possible to ask an individual their Indigenous status.

For more information on Indigenous status data, see Explanatory Notes paragraphs 58-61.

DEFENDANT NUMBERS

During 2013-14, the number of defendants who identified as Aboriginal and Torres Strait Islander were:

• 11,894 in New South Wales (representing 15% of all finalised defendants in that state);
• 24,384 in Queensland (24%);
• 4,915 in South Australia (17%); and
• 6,234 in the Northern Territory (78%). (Table 8)

COURT LEVEL

The proportion of Aboriginal and Torres Strait Islander defendants finalised in the Children's Courts was greater than for non-Indigenous defendants. In 2013-14, the proportion of defendants finalised in the Children's Courts was:

• New South Wales, 18% of Aboriginal and Torres Strait Islander defendants compared to 7% of non-Indigenous defendants;
• Queensland, 13% compared to 5%;
• South Australia, 17% compared to 7%; and
• the Northern Territory, 10% compared to 8%. (Table 2)

SEX

Male defendants accounted for a higher proportion than female defendants for Aboriginal and Torres Strait Islander and non-Indigenous defendants. However, the proportion of female defendants was greater for those who identified as Aboriginal and Torres Strait Islander compared to non-Indigenous defendants. (Table 9)


PRINCIPAL OFFENCE

In New South Wales, the Northern Territory, and South Australia, the most common principal offence was Acts intended to cause injury for both Aboriginal and Torres Strait Islander and non-Indigenous defendants. (Table 9)

In Queensland, Public order offences was the most common principal offence for defendants who identified as Aboriginal and Torres Strait Islander (32% or 7,781 defendants). However, the most common principal offence for non-Indigenous defendants was Illicit drug offences (23% or 17,262 defendants). (Table 9)


METHOD OF FINALISATION

A higher proportion of Aboriginal and Torres Strait Islander defendants were proven guilty compared to non-Indigenous defendants. The difference was largest in the Northern Territory where 84% (5,224 defendants) of defendants who identified as Aboriginal and Torres Strait Islander were proven guilty compared to 75% (1,165 defendants) of non-Indigenous defendants. (Table 9)

Of defendants proven guilty, a higher proportion of Aboriginal and Torres Strait Islander defendants were aged 10-19 years compared with non-Indigenous defendants, with the exception of the Northern Territory. In 2013-14, the proportion of defendants proven guilty aged 10-19 years was:

• New South Wales, 26% of Aboriginal and Torres Strait Islander defendants proven guilty compared to 14% of non-Indigenous defendants;
• Queensland, 25% compared to 18%;
• South Australia, 20% compared to 11%; and
• the Northern Territory, 14% compared to 15%. (Table 10)

For non-Indigenous defendants proven guilty, the age group with the highest proportion of defendants across all four states and territories was 20-24 years. (Table 10)

PRINCIPAL SENTENCE

In 2013-14, for those defendants proven guilty, a higher proportion of Aboriginal and Torres Strait Islander defendants received a custodial order compared to non-Indigenous defendants. In the Northern Territory, 60% of all Aboriginal and Torres Strait Islander defendants proven guilty were sentenced to a custodial order compared to 33% of all non-Indigenous defendants proven guilty. (Table 9)

SENTENCE LENGTH

The median sentence length received by defendants sentenced to custody in a correctional institution was 12 months in New South Wales and 3 months in the Northern Territory for Aboriginal and Torres Strait Islander and non-Indigenous defendants. In Queensland and South Australia, the median sentence length for defendants who identified as Aboriginal and Torres Strait Islander was shorter than for non-Indigenous defendants.

In Queensland, the median sentence length was:

• 6 months for Aboriginal and Torres Strait Islander defendants; and
• 9 months for non-Indigenous defendants.

In South Australia, the median sentence length was:

• 4 months for Aboriginal and Torres Strait Islander defendants; and
• 14 months for non-Indigenous defendants. (Table 47)