R v Botrus (No 6) [2021] NSWSC 199
1 judgment
R v Botrus (No 6) [2021] NSWSC 199
ChapterMurder – aged 18 – refugee background
Coram: Walton J
- Social disadvantage in early childhood years in war-torn Iraq and entry into Turkey and Australia as a refugee. The circumstances of experience were acute and “traumatic” although not causally connected to the offending: at [90]-[91]; Bugmy v The Queen (2013) 249 CLR 571; Perkins v R [2018] NSWCCA 62; R v Irwin [2019] NSWCCA 133 cited.
- These factors go to reduce moral culpability and, to some extent, weight that might be attached to general and specific deterrence. Nonetheless, the Crown is correct that the early social disadvantage must not be taken in isolation from the largely positive experiences and support in his foundational years in Australia, particularly with respect to his supportive, loving family and close-knit community: at [92].
Chapter: Refugee Background (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2021 NSWSC 199 (opens in a new tab)