R v Rossi-Murray [2019] NSWSC 482

• Aboriginal offender with long history of violence and incarceration – father a drug addict and often incarcerated – exposed to family violence – no appropriate male role model growing up – exposed to bullying and racism at school – behavioural problems including ADHD – early substance abuse – institutionalised: at [40]-[59]
• Psychologist report suggested ‘history of responding with aggression to perceptions of marginalisation extends from his experiences of social exclusion at school due to his Aboriginal heritage’ – response exacerbated by anxiety, substance abuse and gaol experience: at [60]
• Reference made to Baumeister studies and Lewis [2014] NSWSC 1127 – applied approach to social exclusion confirmed in Kentwell (No 2) [2015] NSWCCA 96: at [61]-[62]

[66] Nevertheless, his earlier offending, this offence for which I must pass sentence, and the subsequent offence for violence in gaol, all evidence the accuracy of the Baumeister studies and reflect the kind of reaction that Professor Baumeister suggested would, almost inevitably, flow from the kind of social exclusion that the offender has suffered.

• Found special circumstances in the need to address the issues associated with social exclusion and the need to overcome the antisocial behaviour caused by such exclusion: at [76]