Maher; Maher [2021] NSWDC 80

• Evidence established offenders Aboriginal brothers with deprived and disadvantaged childhood – intergeneration trauma resulting from mother’s removal from family as a child – exposure to family and domestic violence and alcohol abuse – introduction to substance abuse at early age – unstable educational history resulting in learning and behavioural difficulties: at [54]-[67]
• Mother removed from family as a child and suffered abuse in out of home care – alcoholic by nineteen with ongoing alcohol addiction problems – impact of trauma of this removal on childhood of offenders – described Aboriginal and Torres Strait Islander Stolen Generations and Descendants chapter in Bugmy Bar Book as research summary that ‘helpfully collates recent findings from numerous sources documenting the adverse consequences experienced by both members of Stolen Generations and their descendants’:

[61] …compared with Aboriginal and Torres Strait Islander people who were not removed or who did not have family members removed, descendants of members of Stolen Generations have been found to experience higher rates of incarceration, interaction with police and arrest; poorer physical and mental health outcomes; higher rates of violence; and have a lower level of trust in the general community.

• Background of disadvantage and deprivation reduced moral culpability but balanced with protection of the community: at [74]