FASD & the Justice System

R. v. Abou, 1995 BCJ No 1096 (Barnett J.):

Aboriginal woman with likely FAS sentenced for assault x2 – need to hold offender responsible but acknowledge mental handicap – general deterrence not relevant; obscene to suggest a court can warn potential offenders by punshing handicapped person, is not justice but retribution – despite inability to give definitive diagnosis seems most likely cause of handicaps – suspended sentence with structured probation