R v Cooke [2025] NSWDC 308

• 21 year Aboriginal female with difficult childhood including physical and sexual abuse and incarceration of parent – justified application of Bugmy principles in reduction of moral culpability: at [44]-[46]
• Mother and sole carer of young child – limited family support – child likely to be placed in care if offender incarcerated – successfully engaged in Aboriginal Family Preservation Service and receiving ongoing support from Tharawal Aboriginal Corporation
• Considered research and report material detailing impact of incarceration of parent on child including findings of Law and Social Issues Committee of the Victorian Parliament: Parliament of Victoria, Legislative Council: Legal and Social Issues Committee, Inquiry into Children Affected by Parental Incarceration (August 2022): at [51]-[57]

(1) Parental incarceration is an adverse childhood experience due to its traumatic nature. Like other adverse childhood experiences, parental incarceration can interrupt childhood development and have detrimental impacts on emotional and social wellbeing.

(2) Children exposed to parental incarceration have a greater risk of experiencing adverse mental and physical health outcomes due to trauma, a lack of appropriate healthcare, or both.

(3) Carers supporting children of incarcerated parents are often left with minimal guidance or emotional and financial support.

(4) Separating Aboriginal children and parents due to incarceration can disrupt connection to culture, land and family. Removal of children from communities into out of home care, particularly into non-Aboriginal care placements, can perpetuate the impacts of historic trauma.

(5) Incarceration can be intergenerational when families and children do not receive timely and appropriate support. Cycles of trauma and disadvantage typically contribute to intergenerational incarceration.