DPP v Harrison [2021] VSC 601

• Offender of Aboriginal descent – grandmother, mother and uncle all removed as children

[42] The community research report points out, that it has been well documented, that the removal of Indigenous children from their families has devastating, life-long and intergenerational consequences. (citing ‘Bringing Them Home’ report of the National Enquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families in April 1997 and dissenting judgment of Eames J in Fuller-Cust [2002] VSCA 168 at [91])

…

[77] I take account of the fact that both your mother and grandmother could be described as having suffered the experience of the Stolen Generations, with the impacts of intergenerational trauma impacting the way you were brought up.

• Importance of evidence establishing history and impact of childhood deprivation

[84] Your case highlights importance of proper material being put before the Court before Bugmy principles can be properly enlivened. The Court was assisted by the detailed information provided in the community research report, and the information contained in the psychological reports about your life history and how it has affected you

Fn [56] There were many unanswered questions when counsel first filed their submissions, but by the end of the plea hearing, the Court had received more detailed information relevant to Bugmy principles in the present case

• Accepted evidence establishing offender’s childhood and adolescence marred by significant instability and deprivation – reduced moral culpability although remained moderately high: at [55], [81]