09.01.2018
3.65 Aboriginal and Torres Strait Islander offenders generally received shorter sentences of imprisonment than non-Indigenous people. This was apparent in the ‘stock’ statistics below, where the median aggregate sentence length for Aboriginal and Torres Strait Islander sentenced prisoners in 2016 was 2.0 years, compared with 3.5 years for non-Indigenous prisoners.[35] This contrast was also evident in the ‘flow’ data (see Figure 3.15 above).
3.66 ‘Stock’ data shows that Aboriginal and Torres Strait Islander prisoners received shorter sentences in almost all offence categories—the main exception being sexual assault offences where Aboriginal and Torres Strait Islander prisoners and non-Indigenous prisoners receive sentences of equal length. In 2016, almost half (49%) of all Aboriginal and Torres Strait Islander prisoners received an aggregate sentence length of less than two years, compared with one-third (32%) of non-Indigenous prisoners. This is presented in Figure 3.16 below.
Figure 3.16 Aggregate sentence length of Aboriginal and Torres Strait Islander sentenced prisoners and non-Indigenous sentenced prisoners
| Under 6 months | 6 months & under 2 years | 2 years & under 5 years | 5 years & over | Other |
|---|---|---|---|---|---|
ATSI | 10% | 39% | 28% | 20% | 3% |
Non-ATSI | 7% | 26% | 25% | 37% | 5% |
Source: Australian Bureau of Statistics, Prisoners in Australia, 2016, Cat No 4517.0 (2016) table 10.
‘Flow’ statistics showing sentences of imprisonment
3.67 Figure 3.17 shows that, when counting ‘flow’, almost half (45%) of all Aboriginal and Torres Strait Islander defendants who received custodial sentences were handed sentences of less than six months (compared with 27% of equivalent non-Indigenous defendants).
Figure 3.17: Length of sentences handed down to convicted and imprisoned defendants, by principal offence and Aboriginal and Torres Strait Islander status (2016)
| Under 6 months | Under 2 years | 2 years & over |
|---|---|---|---|
ATSI | 45% | 37% | 10% |
Non-ATSI | 27% | 41% | 22% |
Source: Australian Bureau of Statistics, Criminal Courts, Australia, 2015-16, Cat No 4513.0 (2017) requested table 45130_201516, table 4.
3.68 Figure 3.18 shows that—other than miscellaneous offences—most Aboriginal and Torres Strait Islander offenders who received a sentence of imprisonment for less than six months were convicted of public order offences, justice-related offences, and property damage offences.
Figure 3.18: Proportion of custodial sentences given to Aboriginal and Torres Strait Islander offenders and non-Indigenous offenders that are under six months (2016)
Offence type | % given sentence under 6 months: | % given sentence under 6 months: |
|---|---|---|
02 Acts intended to cause injury | 40% | 20% |
03 Sexual assault and related offences | 4% | 5% |
04 Dangerous or negligent acts endangering persons | 28% | 11% |
05 Abduction, harassment and other offences against the person | 11% | 21% |
06 Robbery, extortion and related offences | 1% | 0% |
07 Unlawful entry with intent/burglary, break and enter | 28% | 10% |
08 Theft and related offences | 58% | 50% |
09 Fraud, deception and related offences | 51% | 25% |
10 Illicit drug offences | 44% | 24% |
11 Prohibited and regulated weapons and explosives offences | 61% | 33% |
12 Property damage and environmental pollution | 63% | 48% |
13 Public order offences | 74% | 47% |
15 Offences against justice procedures, government security | 64% | 49% |
16 Miscellaneous offences | 100% | 67% |
Source: Australian Bureau of Statistics, Criminal Courts, Australia, 2015-16, Cat No 4513.0 (2017) requested table 45130_201516, table 4.