DPP v Hudson [2024] ACTSC 159

DPP v Hudson [2024] ACTSC 159

1 judgment

DPP v Hudson [2024] ACTSC 159

ChapterFamily violence offences – impact of exposure to substance abuse of parent and interrupted schooling

Coram: Hopkins AJ

  • Sentencing of Aboriginal man for family violence offences
  • Significantly disadvantaged childhood including exposure to heroin abuse of mother:

[61] You experienced significant disadvantage as a child. Your mother was dependent on heroin prior to and after you were born. She and your father separated when you were two. You stayed in her care despite her ongoing use of heroin until you were four or five years of age. These are formative years for a child. Research establishes “that children in families with parental or carer substance abuse are at greater risk of a range of adverse developmental outcomes”. It “may increase the likelihood of children being substance misusers themselves and being involved in the juvenile justice system”: Bugmy Bar Book Project Committee (eds), ‘Early Exposure to Alcohol and Other Drug Abuse’ Bugmy Bar Book (November 2019).

  • Disrupted schooling also a significant disadvantage:

[65] You left school in Year 8, having experienced behavioural challenges, and completed Year 10 [redacted]. The disruption of your schooling is a significant disadvantage: see, generally, Bugmy Bar Book Project Committee (eds), ‘Interrupted School Attendance and Suspension’ Bugmy Bar Book (October 2023)

  • Childhood disadvantage reduces extent to which offender can be considered appropriate vehicle for general deterrence: at [84]
  • Drug and Alcohol Treatment Order imposed

Chapter: Interrupted School Attendance and Suspension (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2024 ACTSC 159 (opens in a new tab)