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 being placed in foster care until 15 years – separated from siblings – physical and sexual abused – multiple placements – compromised education – limited employment: at [44]
- Diagnosed with schizophrenia at 15 years – opinion of psychologist that 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]
Chapter: Incarceration of a Parent or Caregiver (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2020 NSWDC 191 (opens in a new tab)