In every case, we consider all the circumstances of the alleged offence and the circumstances of the individual in question, on a case-by-case basis. Many factors are considered in determining the circumstances of the accused.
Yes, systemic discrimination and those other factors are considered not only for indigenous persons, but also for persons from other communities affected by racism or systemic discrimination. We also consider a range of factors such as the person's age and whether or not it is their first offence.
So it is one of many factors considered for each person. The circumstances always differ from case to case.