FASD & the Justice System

R. v. Pearce, 2013 BCPC 215 (MacCarthy J.)

Guilty plea by 25 yo offender to six counts, including possession of break-in instruments, assault peace officer, mischief, theft under, breach of probation – extensive criminal history of mostly property offences – highly conflicted family, PTSD and FAS, IQ of 60 – held in special handling unit, partly due to intellectual capacity and other related problems – delay in getting counsel because money held by Public Guardian and Trustee and ineligible for legal aid- eligibility for enhanced credit at issue – offender has individual and distinct circumstances that make him elegible for enahanced credit under Bradbury (2013 BCCA 280)