09.01.2018
3.30 Over-representation of Aboriginal and Torres Strait Islander peoples is evident from the time of court appearance for criminal charges. The level of over-representation of Aboriginal and Torres Strait Islander people in court finalisations in 2016 was 7. That is, Aboriginal and Torres Strait Islander people were seven times more likely to be charged with a criminal offence and appear in court than non-Indigenous people.
3.31 Using the ANZOC categories,[28] the four most common offences for which Aboriginal and Torres Strait Islander people were charged and subsequently appeared in court were: acts intended to cause injury (comprising 24% of all Aboriginal and Torres Strait Islander defendants in 2016); public order offences (17%); offences against justice (14%); and theft and related offences (12%).
3.32 In contrast, the four most common offences for which non-Indigenous people were charged and appeared in court were: illicit drug offences (comprising 23% of all non-Indigenous defendants); acts intended to cause injury (20%); theft and related offences (13%); and offences against justice (12%).
Figure 3.8: Offence profile of Aboriginal and Torres Strait Islander people and non-Indigenous people who appeared in court (2016)
| ATSI % | non-ATSI % | |
|---|---|---|
16 Miscellaneous offences | 1% | 2% |
15 Offences against justice procedures, etc | 14% | 12% |
13 Public order offences | 17% | 8% |
12 Property damage and environmental pollution | 5% | 5% |
11 Prohibited and regulated weapons and explosives offences | 3% | 4% |
10 Illicit drug offences | 10% | 23% |
09 Fraud, deception and related offences | 2% | 3% |
08 Theft and related offences | 12% | 13% |
07 Unlawful entry with intent/burglary, break and enter | 8% | 3% |
06 Robbery, extortion and related offences2 | 2% | 1% |
05 Abduction, harassment and other offences against the person | 1% | 1% |
04 Dangerous or negligent acts endangering persons | 1% | 0% |
03 Sexual assault and related offences | 2% | 3% |
02 Acts intended to cause injury | 24% | 20% |
01 Homicide and related offences | 0% | 0% |
| Total | 100% | 100% |
Source: Australian Bureau of Statistics, Criminal Courts, Australia, 2015–16, 45130_201516 (2017) requested table, table 1.
3.33 A high percentage of Aboriginal and Torres Strait Islander peoples were charged with offences within the category of ‘acts intended to cause injury’, yet 35% of these charges related to ‘serious assaults not causing injury’. Aboriginal and Torres Strait Islander peoples were over-represented in this offence type, constituting 44% of all people charged with ‘serious assaults not causing injury’.
3.34 A breakdown of ‘acts intended to cause injury’ is presented in Table 3.1 below.
Table 3.1: Breakdown of people who appeared in court for ‘acts intended to cause injury’ offence types by Aboriginal and Torres Strait Islander status (2016)
Sub categories of ‘acts intending to cause injury’ | Aboriginal and Torres Strait Islander people | Non-Indigenous | ||
| number and % charged with acts intending to cause injury | % charged with sub category | number and % charged with acts intending to cause injury | % charged with sub category |
0211 Serious assault resulting in injury | 3,602 (32%) | 26% | 10,392 (32%) | 74% |
0212 Serious assault not resulting in injury | 3,886 (35%) | 44% | 4,862 (15%) | 56% |
0213 Common assault | 3,002 (27%) | 18% | 13,733 (42%) | 82% |
029 Other acts intended to cause injury | 680 (6%) | 15% | 3,819 (12%) | 85% |
TOTAL | 11,185 (100%) | 25% | 32,795 (100%) | 75% |
Source: Australian Bureau of Statistics, Criminal Courts, Australia, 2015-16, 45130_201516 (2017) requested table, table 1.