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 disrupted education – 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 – offender reported many of those who support him have history of engaging in antisocial and/or criminal activities at [34]-[40]
- [50] In Ms Hare’s opinion the respondent’s disrupted schooling through truancy, suspension, expulsion and periods of detention impacted upon the development of his verbal and literacy skills. She was unable to offer any definitive view as to the impact of the respondent’s sustained use of cannabis on his cognitive function, finding it difficult to disentangle its impact from the interplay of other socio-cultural factors. She did express the view, however, that the respondent’s cannabis use was likely to be superseded by his exposure to the negative influences in his childhood and early adolescence, including abuse and neglect, poor education and his generally delinquent lifestyle.
- 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: Interrupted School Attendance and Suspension (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2014 NSWCCA 226 (opens in a new tab)