Higgins [2020] NSWCCA 169
1 judgment
Higgins [2020] NSWCCA 169
ChapterAppeal against sentence for possess prohibited weapon, escape and affray – example of childhood which included removal to foster care and multiple placements – Bugmy principles applied at first instance
Coram: Wilson J, Johnson and Wright JJ agreeing
- Removed from care of parents by extended family when aged 3–4 years – at 9 years placed into foster care due to behaviour – multiple placements probably connected to behavioural difficulties – separation from family and feeling of being unwanted – impact on education – early substance abuse – low intelligence – supported himself through welfare and crime: at [35]–[46]
- Bugmy principles given due consideration and applied to reduce moral culpability: at [57], [61], [84]
Chapter: Out of Home Care (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2020 NSWCCA 169 (opens in a new tab)