FASD & the Justice System

R. v. Harper, 2009 YKTC 18 (reasons) (Lilles J.):  

Sentencing of Aboriginal offender with FASD for sexual touching – consideration of the effect of reduced responsibility on the proportionality principle of sentencing – harsh sentence unlikely to contribute to respect for law/maintenance of just, peaceful and safe society – question relevance of denunciation and deterrence – time served. Note that probation terms worded as ‘you will do the best you can to …’.