R v Booth [2014] NSWCCA 156
1 judgment
R v Booth [2014] NSWCCA 156
ChapterAggravated break and enter offences and robbery – paternal grandparents part of ‘stolen generation’ – likely impact on upbringing of offender’s father and offender – deprived background combined with low intellectual functioning justified leniency in individual sentences
Coram: Hamill J, Hoeben CJ at CL and Beech-Jones J agreeing
- Extensive description of background described as ‘marginalisation of rural and outback aboriginal communities’ and ‘a national disgrace’: at [4] – offender’s childhood likely impacted by grandparents being part of ‘stolen generation’: at [15 – para 9] – early years spent on mission surrounded by widespread alcohol abuse – victim and witness to family violence – left unsupervised – became State Ward at 10 years and endured multiple foster homes in different towns – separated from sisters – sexual abuse – poor education meant illiterate – early substance abuse as a result of an environment that ‘normalised substance abuse’ – early contact with criminal justice system – deaf in one ear: at [15]
- Childhood experiences combined with low intellectual functioning meant poor coping skills and continued substance abuse: at [15 – para 23–25] – also easily led by negative peers: at [15 – para 28]
- On Crown appeal concluded subjective circumstances justified application of Bugmy principles and leniency of individual sentences – sentences ‘tempered with considerable compassion and … structured in such a way as to foster his rehabilitation’: at [18] – total sentence, however, manifestly inadequate and degree of accumulation increased.
Chapter: Out of Home Care (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2014 NSWCCA 156 (opens in a new tab)