FASD & the Justice System

R. v. J.E.R., 2012 BCPC 103 (Dyer J.)

Sentencing of Aboriginal offender for aggravated assault – 18 yo at time of offence – hit complainant in head with a baseball bat – emergency surgery and lasting brain injury – traumatic childhood, through 62 foster homes – often used as a ‘heavy’ by friends to hit people, easily influenced – likely FASD documented in a number of assessments – history of drug use – youth and adult record, including assaults as youth – 3 years and 9 months – federal system with more programming (evidence received on this point), structure, probation unlikely to be adhered to, also offender needs to come to own realization that he should not drink.