FASD & the Justice System

R. v. Auger, 2013 ABPC 180 (Richardson J.)

Guilty plea to ABH and breach of probation (alcohol abstention)– 22 yo Aboriginal offender – co-accused sentenced to 12 months – defence seeking 90 days intermittent plus probation – accused and coaccused punched and kicked complainant in head to point of unconsciousness – FASD, ADD and psychosis – offender has a level of responsibility and resourcefulness financially – related record but those offences motivated primarily by lack of impulse control – difficult, determined and meaningful steps to address rehabilitation since offence – Aboriginal background and FASD reduce his moral culpability – 90 days intermittent.