Judgments Library

Applicant struck female bar attendant with glass while intoxicated
At first instance Sentencing Judge rejected submissions that moral culpability should be substantially reduced on basis applicant’s alcohol abuse disorder caused by Post Traumatic Stress Disorder
Where evidence of combination of dysfunctional childhood, mental illness and substance addiction it can be important to identify what factors are causative – while deprived childhood and/or mental illness may reduce moral culpability, drug or alcohol addiction usually does not: at [97]
In this case no evidence appellant had no control over alcohol intake – Sentencing Judge expressed difficulty in accepting blanket proposition that applicant’s alcoholism was direct result of chronic PTSD – not satisfied moral culpability should have been “lessened substantially” on basis drinking on night of offence caused by PTSD – although satisfied it was “a” causal factor was not satisfied “the” causal factor: at [101]-[108]
On appeal referred to Bourke (2010) 199 A Crim R 38; [2010] NSWCCA 22 and Kelly [2016] NSWCCA 246 at [26] – “…intoxication…will ordinarily not mitigate the penalty save as where the intoxication is the result of an addiction, and the original addiction did not involve a free choice” – in this case no suggestion that when applicant started drinking alcohol, he did not have free choice: at [98]