Ezra [2024] NSWChC 16
1 judgment
Ezra [2024] NSWChC 16
Project CitationChild sexual offences – extracts from Bugmy Bar Book tendered and referred to on sentence
Coram: Children’s Magistrate Sheedy
- Evidence on sentence established offender was a descendant of a member of the Stolen Generation, suffered from social exclusion, had interrupted school attendance, lived in Out of Home Care, had signs and symptoms of FASD and had multiple disabilities affecting cognition – extracts from Bugmy Bar Book addressing consequences of these factors tendered and referred to on sentence: at [57]-[58], [66]-[67]
- Moral culpability substantially reduced – diagnosis and adverse childhood experiences have resulted in substantial deficits in reasoning, problem solving, planning, abstract thinking, judgement, academic learning and experiential learning – not appropriate vehicle for general deterrence – multiple disabilities reduced impact of specific deterrence – Youth remains relevant factor – retribution and punishment a reduced role in sentencing exercise: at [68]
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