Hardes [2020] NSWDC 191
1 judgment
Hardes [2020] NSWDC 191
ChapterMultiple offences of violence and a supply prohibited drug – link between incarceration of mother, trauma during foster care and subsequent mental health – Bugmy principles applied
Coram: O’Brien AM DCJ
- Mother jailed when offender 4 years old resulting in placement in foster care until 15 years – separated from siblings – physical and sexual abuse – multiple placements – compromised education – limited employment: at [44]
- Diagnosed with schizophrenia at 15 years – in opinion of psychologist offender predisposed to developing schizophrenia due to genetic vulnerabilities and early environmental stressors including domestic violence and sexual abuse – exacerbated by substance abuse, isolation and incarceration: at [48]
- Mental health and socially impoverished, disadvantaged and deprived background impacted assessment of moral culpability: at [49]
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