Primmer [2020] NSWCCA 50
1 judgment
Primmer [2020] NSWCCA 50
ChapterSpecially aggravated break and enter – Crown appeal – childhood trauma caused PTSD – Bugmy and Millwood applied at first instance – Crown appeal dismissed in exercise of residual discretion
Coram: Hamill J, Leeming JA and Harrison J agreeing
- Difficult childhood – both parents heroin addicts – exposure to drug abuse including driving with father to source drugs – parental incarceration – exposure to family violence – transient accommodation with father – early drug abuse and self-harm – diagnosis of PTSD: at [25]-[27]
- Accepted psychologist opinion as to impact of PTSD on offending – risky, reckless and self-destructive behaviour – inability to self-regulate – aggression, substance use and deficits in impulse control – developmental trauma: at [28]
- Applied Bugmy and Millwood [2012] NSWCCA 2 at [69]- justified sentence well below range: at [37]
Chapter: Incarceration of a Parent or Caregiver (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2020 NSWCCA 50 (opens in a new tab)