R v Chandler (No.2) [2017] NSWSC 1758

R v Chandler (No.2) [2017] NSWSC 1758

1 judgment

R v Chandler (No.2) [2017] NSWSC 1758

ChapterManslaughter – upbringing almost entirely devoid of developmental support – impact of childhood deprivation on offender – Bugmy considerations reduce moral culpability

Coram: Johnson J

  • Offender suffered upbringing almost entirely devoid of developmental support – both parents drug addicts – father an armed robber – after father left family re-established contact when both in prison – family violence – step-father a violent and abusive criminal – constant moves around state disrupted education – mother unable to properly care for children – offender commenced substance abuse and developed mental health issues at early age: at [54]-[65]
  • Psychologist report described impact of background:

[61] His early formative experiences led him to believe that unemployment, uncontrolled substance use, violence and crime were a normal part of life. This is an accurate summary of the Offender’s family life. With the exception of his grandmother, he has had no nexus to conventional and responsible social groups in the community.

[123] His background is of extreme deprivation and disadvantage in childhood, undermining his ability for suitable personality formation, emotional-regulation, stable attachment and socialisation. Severe behavioural disturbance emerged in childhood and despite external (medication and counselling) intervention, his domestic milieu was so damaging that his adjustment only worsened into adolescence, further aggravated by polysubstance use disorder and then the sudden loss of his mother when aged 16 years. He has engaged in a nihilistic lifestyle involving criminality in adolescence and early adulthood, with no understanding of how to go about navigating community life in a positive way, learning to manage his own unstable affect with substance use. In this way he has followed the sad example set for him in his childhood environment. He acknowledges the index offence in a way that suggests that he appreciates the terrible gravity of the loss, but is at this stage unable to withstand the psychological burden.”

  • On sentence Bugmy principles applied to reduce moral culpability while balancing with protection of community: at [121], [145]-[146]

Chapter: Incarceration of a Parent or Caregiver (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2017 NSWSC 1758 (opens in a new tab)