R v YS [2014] NSWCCA 226
1 judgment
R v YS [2014] NSWCCA 226
ChapterMultiple offences including aggravated sexual assault – risk factors of re-offending related to childhood deprivation – included unsuccessful and unsuitable foster care placements and placements with family members and exposure to poor role models – balancing reduction in moral culpability with community protection
Coram: Fullerton J, Gleeson JA and McCallum J agreeing
- Young offender with aboriginal heritage – exposed to substance abuse and family violence – removed from parents at early age due to abuse and neglect – unstable childhood with multiple placements in foster care, with different family members, juvenile detention centre and children’s refuge – returned to live with mother for short period until her incarceration – moved to live with father – interrupted schooling – two brothers serving periods of imprisonment for armed robbery, reportedly related to their alcoholism – offender reported many of those who support him have history of engaging in antisocial and/or criminal activities: at [34]–[40]
- Background of violence and substance abuse, neglect, poor role models and disrupted education identified as risk factors to future offending – required balancing of community protection with reduction in moral culpability: at [52], [103]–[107]
- Crown appeal dismissed
Chapter: Out of Home Care (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2014 NSWCCA 226 (opens in a new tab)