Gowans [2024] NSWDC 482

• Sentencing Judge accepted psychologist report detailing evidence of offender’s childhood trauma – reference to “Impacts of Imprisonment and Remand in Custody” (2022) The Bugmy Bar Book Project – offender demonstrated some insight and expressed intention to undertake culturally informed residential rehabilitation plan through an indigenous centre
• [53] Gaol itself causes trauma. The community should understand that the longer people are locked in gaol the worse that they can become

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[55] Sentencing Judges face a dilemma; community safety requires a person to be removed from the community. At the same time, by removing a person and keeping them in gaol can make them worse. This is particularly so for someone like Gowans who has underlying psychological, and trauma induced symptoms, as they have impaired judgment and are not rational decision makers.

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[57] Too long a period in gaol can cause him to lose motivation and to adjust to gaol and not plan and work for the future. At the same time, he has to understand that he cannot behave as he did and that further behaviour in that nature will inevitably lead to further and lengthier gaol sentences.

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[60] A finding of special circumstances will enable him the opportunity to engage in culturally appropriate rehabilitation programs. He has to be provided with some ownership of his own sentencing outcome. He has to become, not just a problem, but part of the solution. He has to actively participate in his rehabilitation.