R v Loveridge; R v AB [2013] NSWSC 1591

• Loveridge’s background included gross neglect from an early age – forced to shop and care for siblings at age 6 years until placed in foster care – evidence of serious mental health problems and problematical behaviour by age 7 years – by age 16 years anger management problems, poor impulse control and anti-social behavioural issues including criminal activities – living in unauthorised and inappropriate placements or on the street – poly-substance abuse: at [36]–[40]
• Relationship of background to moral culpability taken into account

[43] Taking all this material together, it is, I think, appropriate to deal with Loveridge on the basis that, as a result of circumstances beyond his control, his insight into the true moral character of his actions and his ability to exercise judgment about them was significantly less than that of a young person of his age who had grown up in a healthy and supportive familial situation. To these problems must be added the immaturity which is the natural concomitant of his age. Though on one level he was well capable of glib, indeed cunning denials and creative lies, yet they were exposed with relative ease. Nevertheless, I have no doubt that Loveridge well, if incompletely, appreciated the moral and criminal culpability of his actions although I rather think that his callousness was significantly contributed to, if not entirely caused by, the warped moral world that shaped his upbringing.

• AB removed from parents at 12 months of age due to neglect, physical abuse, exposure to heroin abuse and domestic violence – multiple placements with extended family and foster carers – standard of care ‘uneven’ – resisted appropriate boundaries – continued exposure to violence at instance of mother – transient accommodation – family and extended family all have criminal records – limited schooling – early substance abuse – pre-sentence report suggests developed belief ‘violence is a normal part of life’ – poor insight: at [44]–[50]
• While deprived backgrounds to be given full weight on sentence must be balanced with protection of community in view of demonstrated inability to control violent impulse – dangerous individuals: at [55]–[56]