R v Dalton [2005] NSWCCA 156

• Childhood included violence at hands of father and racial vilification at school – offender responded to vilification by self-harming: at [18]-[21]
• Combination of Aboriginality, racial vilification at school and childhood experiences led, in part, to development of Borderline Personality Disorder: at [44]

[45] Dr Lloyd was relying on principles formulated by Dr Linehan in his published works, Skills Training for Treating Borderline Personality Disorder and Cognitive Behavioural Treatment of Borderline Personality Disorder, the Guildford Press New York. Dr Lloyd applied those principles to this case when he wrote:

“Deemed self invalidation. Dennis’ early childhood experiences were fragmented invalidating and dangerous. All through his childhood he experienced racial vilification at school.”

[46] Dr Lloyd expressed the view that the conduct of the offender towards the child, namely, the months of physical harm, with the harm becoming lethal for the child, “describes a set pattern of behaviour that contributes to describing Dennis’ personality”. Dr Lloyd saw the racial vilification as playing a part in the onset of the Borderline Personality Disorder.

• Accepted there was no error in sentencing judge applying Fernando principles: at [48]
• Despite subjective mitigating factors sentence found to be manifestly inadequate: at [68]