The Relevance of Aboriginality in Sentencing: Findings from Interviews in the ACT

This chapter explores the way in which Aboriginality is taken into account in the sentencing process to shed light on an offender's background, reasons for offending and prospects for rehabilitation. It examines the approach taken by courts in the ACT and the impact of pre-sentence reports. The paper concludes that, though pre-sentence report writers are in a unique position to explore and illuminate the relevance of post-colonial Aboriginal identity in the sentencing process, present experience in the ACT indicates this is not being done. It is argued that this exploration and illumation should be undertaken in the interests of ensuring equal justice.