SKIP TO MAIN CONTENT

No race gap in sentencing: research

Indigenous offenders are receiving the same sentences as non-indigenous Australians, bucking an international trend, new research shows.

prison_bars_hands_110411_B_AAP_1300744268
(File: AAP)

2 min read

Published

Updated

Source: AAP


Skip to article content

Indigenous offenders are receiving the same sentences as non-indigenous Australians, bucking an

international trend, new research shows.

Dr Samantha Jeffries and Dr Christine Bond, from Queensland University of Technology, studied more than 4000 cases in the High Court in South Australia, NSW and Western Australia.

They compared the sentences handed to offenders who'd committed similar crimes and had similar criminal histories, history of abuse, employment backgrounds and child care responsibilities.

They found indigenous Australians received the same as non-indigenous people in NSW and Western Australia, but sentences were more lenient in South Australia.

News that makes sense

Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Dr Bond said they were surprised to find most states treated offenders with equality.

Data from the United States showed indigenous, Latinos and African Americans were more likely to be treated harshly in the courts.

"There is a great fear in US society of native Americans and ethnic groups and you see that in sentencing," Dr Bond told AAP.

"I don't think Australia has the same sense of fear towards indigenous Australians.

"Judges are very aware of their disadvantage position."

Meanwhile, Dr Jeffries said sentencing and sentencing remarks from judges in South Australia were more lenient and sensitive compared to the other two states and that should be applied across the board.

"It is well documented that indigenous people are more likely to have life stories which involve extreme trauma and dysfunction," she said.

"The motivation for the crime really does need to be looked at ... while one person may have been motivated by greed, another may have been motivated by survival."

However, both of the researchers said that overall, Australian judges were highly aware of the unique issues facing indigenous offenders and treated them with sensitivity.

Similar research for Queensland and the Northern Territory is expected to be released soon.


Get SBS News straight to your inbox

Sign up now for daily news from Australia and around the world. You can also subscribe to Insight's weekly newsletter for in-depth features and first-person stories.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Follow SBS News

Download our apps

Listen to our podcasts

Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS

SBS World News

Take a global view with Australia's most comprehensive world news service

Stream now

Watch the latest news videos from Australia and across the world