FASD & the Justice System

R. v. DJM/R. v. Malcolm, 2005 YKTC 25 (Ruddy J.):  

Offender with FAS charged with sexual assault with a weapon on child – history of sexual assault of young children – significant brain injury impairments – need for external controls – denunciation, separation and rehabilitation are relevant principles given cognitive limitations – minimization and lack of empathy must be viewed through lens of disability – brain doesn’t function like normal brain – two years penitentiary as opposed to territorial time because of programming availability