DPP v Swain (a pseudonym) (No.2) [2025] ACTSC 209
1 judgment
DPP v Swain (a pseudonym) (No.2) [2025] ACTSC 209
Project CitationSentence for robbery and driving offences – juvenile offender – psychologist report referred to chapters in Bugmy Bar Book, Wellbeing Report
Coram: Taylor J
- Sentencing of 17 year old Aboriginal offender for serious driving and robbery offences after participation in sentencing conversation in Pilot Circle Sentencing List.
- Psychologist referred to, and quoted from, ‘Child Abuse and Neglect’ and ‘Out of Home Care’ chapters of Bugmy Bar Book, noting lifelong and intergenerational impact of childhood trauma and link to contact with criminal justice system – Sentencing Judge accepted and gave full weight to profoundly disadvantaged and traumatic childhood – reduced moral culpability and substantially moderated weight given to general deterrence, denunciation and punishment : at [167]-[209]
- Psychologist report made detailed treatment recommendations including cultural supports and cultural healing plan – emphasis on facilitating offender’s cultural connectivity, identity and connectedness to culture confirmed what was reiterated by Elders Panel and Significance of Culture to Wellbeing, Healing and Rehabilitation Report (Dr Paul Gray and Vanessa Edwige, June 2021) – Sentencing Judge found that ‘with the appropriate supports in place offender’s prospects of rehabilitation are positive’: at [210]-[226]
- Noted concern that offender at risk of institutionalisation given his age, background of institutional care and evidence of short time in adult correctional centre – referred to Institutionalisation Report by Dr Robyn Shields AM and Dr Andrew Ellis, 2024: at [219]
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