Burns v R [2019] NSWCCA 24
1 judgment
Burns v R [2019] NSWCCA 24
ChapterAssault and firearms offences – deprived childhood included incarceration and suicide of mother – Bugmy principles applied
Coram: Wright J, RA Hulme J and Fagan J agreeing
- Indigenous offender with childhood of severe deprivation – sexually assaulted – mother suicided while in custody – another good friend also suicided – early substance abuse – extensive juvenile history: at [51]-[56]
- Re-sentenced on appeal after error as to maximum penalty conceded – background combined with mental health reduced moral culpability and mitigated emphasis on specific and general deterrence: at [60]
Chapter: Incarceration of a Parent or Caregiver (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2019 NSWCCA 24 (opens in a new tab)