R v Jennar [2014] NSWCCA 331

R v Jennar [2014] NSWCCA 331

1 judgment

R v Jennar [2014] NSWCCA 331

ChapterArmed robbery offence – background included parental heroin abuse and incarceration – inevitability of life path – reduction in moral culpability

Coram: RA Hulme J, Leeming JA and McCallum J agreeing

  • Both parents heroin addicts – father in and out of gaol – mother also imprisoned – largely left to own devices from a very early age due to parents’ drug addiction – ‘deprived of parental guidance and suffered emotional neglect’: at [37]-[38]
  • Psychologist described the respondent as ‘having lived the “life script” he had been given, namely drug addiction and criminal activities to fund it.’: at [39] and having a “life path … largely predetermined, raised in a household where both parents were heroin-dependent”: at [49]
  • Sentencing Judge accepted ‘respondent’s moral culpability was less than the culpability of an offender whose formative years had not been marred by having been raised in a household in which both parents were heroin dependent and, for significant periods, incarcerated as a result’: at [50]
  • Crown Appeal dismissed

Chapter: Incarceration of a Parent or Caregiver (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2014 NSWCCA 331 (opens in a new tab)

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