Recent Queensland University of Technology (QUT) research has revealed that in most states Indigenous and non-Indigenous offenders are likely to receive equal sentences from the courts.
Dr Samantha Jeffries and Dr Christine Bond, of QUT's School of Justice, have completed a wide-ranging examination of offenders seen by the High Court and found that in most states they looked at, offenders were treated equally.
In South Australia it was found that judges were in fact more likely to be lenient with Indigenous offenders than non-Indigenous offenders when they appeared before the courts under similar circumstances (i.e. similar crime, criminal histories etc).
"We were quite surprised, as international data would have us believe that Indigenous members of society are more likely to be treated harshly in the courts," said Dr Bond.
"In South Australia, when we looked at the judges sentencing remarks, we found that they were very understanding of the issues faced by Indigenous offenders, and took their circumstances into account when sentencing them.
"This was the only state where it was found that sentencing was more likely to be lenient for Indigenous offenders."
The study had controls in place for each offender's social and criminal history, as well as details surrounding the offence for which they were being sentenced. This ensured the only point of difference was whether offenders were Indigenous or non-Indigenous.
It looked at sentencing for fairly serious crimes such as assault, home invasion, sexual offences, drug offences and fraud.
While Dr Jeffries and Dr Bond said they were surprised to find most states treated offenders with equality, they felt that there was still room for more sensitivity in dealing with Indigenous offenders, and that the leniency seen in South Australia had good reason behind it.
"Two people may have committed the same crime - for example, a break and enter - but while one person may have been motivated by greed, another may have been motivated by survival," Dr Jeffries said.
"It is well documented that Indigenous people are more likely to have life stories which involve extreme trauma and dysfunction. We saw that in the cases we studied, so the motivation for the crime really does need to be looked at.
"A problem is that often, the only options are a prison sentence or a fine - if there were some options for rehabilitation or assistance, judges may take into account the motivators for the offence, which would result in a fairer system."
However, she said that overall, judges were highly aware of the unique issues facing Indigenous offenders, and treated them with sensitivity.
"I would suggest that any injustice or discrimination toward Indigenous offenders is more likely to happen at the policing level than in the courts," Dr Jeffries said.
Media contact: Sharon Thompson, QUT media officer - 3138 2999 or sharon.thompson@qut.edu.au
