The history of First Nations women as defendants in Australian courts is sparse. This chapter examines the cases of Aboriginal women tried in the upper courts of Western Australia and examines the way in which the judicial system treated Aboriginal women accused of crime. This research is all the more pertinent when we consider the high rate of incarceration of First Nations women today. The statistics and the case studies examined indicate that Aboriginal women’s experiences in the upper courts could be very different to that of non-Aboriginal women. The outcomes of Aboriginal women’s trials were affected by racialised understandings of Indigenous peoples, a lack of comprehension of Aboriginal lore, and a lack of adherence to the rules and procedures dictated by the judicial system. Additionally, magistrates’ ignorance of the law could adversely affect the course of the trial for women tried in rural areas under the Courts of General Sessions Act 1845 (WA). Conversely, a degree of leniency appears to have been shown in the sentencing of some Aboriginal women.

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Aboriginal Women as Defendants

  • Caroline Ingram

摘要

The history of First Nations women as defendants in Australian courts is sparse. This chapter examines the cases of Aboriginal women tried in the upper courts of Western Australia and examines the way in which the judicial system treated Aboriginal women accused of crime. This research is all the more pertinent when we consider the high rate of incarceration of First Nations women today. The statistics and the case studies examined indicate that Aboriginal women’s experiences in the upper courts could be very different to that of non-Aboriginal women. The outcomes of Aboriginal women’s trials were affected by racialised understandings of Indigenous peoples, a lack of comprehension of Aboriginal lore, and a lack of adherence to the rules and procedures dictated by the judicial system. Additionally, magistrates’ ignorance of the law could adversely affect the course of the trial for women tried in rural areas under the Courts of General Sessions Act 1845 (WA). Conversely, a degree of leniency appears to have been shown in the sentencing of some Aboriginal women.