BS-X [2021] ACTSC 160

BS-X [2021] ACTSC 160

1 judgment

BS-X [2021] ACTSC 160

ChapterMotor vehicle and burglary offences – juvenile Aboriginal offender with severe childhood trauma – individual report supported by references to Bugmy Bar Book chapters and Significance of Culture to Wellbeing, Healing and Rehabilitation Report – application of Bugmy principles

Coram: Loukas-Karlsson J

  • Psychological report described 15y old Wiradjuri man with complex developmental trauma – born to drug addicted 15y mother and removed into non-indigenous foster care at 12 months – exposed to mother’s drug use throughout life – experienced younger brother’s removal from mother’s care and placement with different carer due to mother’s drug use – early substance abuse – difficult schooling period – disconnection with cultural identity – multiple significant losses and grief – externalised grief, loss and anger through maladaptive techniques – profound trauma resulting in mental health and behavioural issues
  • Psychological report supported by references to multiple Bugmy Bar Book chapters: at [56], [58], [62], [63]
  • Further reference to Significance of Culture to Wellbeing, Healing and Rehabilitation Report with emphasis on importance of culturally appropriate treatment to facilitate rehabilitation – importance of individual rehabilitation to both individual and community protection: at [81]–[85]
  • Reference to comment in Hoskins [2021] NSWCCA 165 that childhood deprivation does not need to be profound: at [81]–[85]
  • Application of Bugmy principles

Chapter: Out of Home Care (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2021 ACTSC 160 (opens in a new tab)