Black Americans are NOT the "First People" in America. That would be the American Indians. Their representation in the prison population is so small, that it is listed as "others". Aboriginals ARE the "First Nation People" of Australia(3.3% of the population). Yet, Aboriginal males make up an average of 30% of of the prison population in Australia. This is an extremely over-representation of Aboriginals in the prison system. There must be a reason. Three percent of the population just can't be this unlucky. And, considering that there are only two sitting Aboriginal trial judges in all of Australia, you damn right it's all about racism. So when you say,
"I disagree with your sentiment that judges here don't take into account the reasons why people break the laws.".
You are only talking about WHITE judges taking into account why WHITE people break the law? Just to be clear. Or, are there separate laws here for Aboriginals, like the "Jim Crow" laws were for Black Americans?
The Aboriginal incarceration rate (aside from being a national shame) is a really complex issue. For instance, a considerable number of Aboriginals in jail are there for driving offences, simply because living remotely makes one reliant on vehicles it is difficult to attend to the bureaucracy of running legally, so unlicensed/unregistered etc end up in jail when they can't afford their fines. This doesn't happen in the cities. It doesn't happen to non-Aboriginal people really at all.
Also, socio-economic factors result in higher crime, universally and across all races and countries. We know this. Many Aboriginal communities are extremely disadvantaged and suffer from higher incidents of both violent and non-violent crime.
Then there is the scourge of alcohol. Once again, this is more a representation of the effects of generational grief and loss and hopelessness felt by socio-economic factors and systemic racism than genetics, contrary to what the racists say.
It is also true that there is systemic racism in the court system. Many racists argue that Aboriginal people are more leniently dealt with; the data does not evidence this in the slightest. Aboriginals are not only more likely to get a custodial sentence, they are more likely to get harsher ones.
Then of course is the quality of legal aid to the disadvantaged. Further to that, the ability to evidence stable living conditions into which to be released.
A complex issue.