Indigeneity and the Decision to Impose a Fine in Queensland's Magistrates Courts

Abstract

Most Australian research on Indigenous sentencing disparities has focused on incarceration decision making. We therefore know little about the impact of Indigenous status on non-custodial sentencing outcomes. Using data from Queensland’s lower courts, we statistically explore this gap in our understanding of the treatment of Indigenous offenders by considering whether or not Indigenous status impacts the judicial decision to impose a fine. Results suggest that when sentenced under similar circumstances, Indigenous defendants are more likely to be fined than non-Indigenous defendants. We suggest that this may be the result of limited non-custodial sentencing options in non-urban locations.