Trauma-Informed Sentencing in South Australia (A Case Study)

This chapter applies trauma-informed sentencing principles and practices to a case study to examine the presence of trauma-informed sentencing in South Australia (SA) (While this chapter focuses on the study’s findings, refer to McLachlan [2021, 2022] for more information about the methodology). The research used a sample of 448 sentencing remarks and the Substance Abuse and Mental Health Services Administration's (SAMHSA, 2014) 4Rs model of trauma-informed practice to examine the presence of trauma-informed sentencing. Given the parallels in the sentencing calculus across countries with a Westminster system of law, this case study may be relevant for other jurisdictions. The findings indicate a clear appetite for trauma-informed sentencing but an inconsistent application of the 4Rs to individual defendants. There seemed to be greater judicial recognition of the need for trauma-informed sentencing for non-Indigenous mothers who have offended than other populations. Aboriginal defendants, whose lives were impacted by multiple adversities and complex trauma, were less likely to receive a trauma-informed response. Very few defendants received an overall trauma-informed sentencing experience.