FASD & the Justice System

R. v. Frampton, 2014 N.J. No. 8 (PC) (Pike J.)

Guilty plea by Inuit offender to resisting arrest, assault po, robbery, assault with a weapon and breaches of court orders – adopted out of community shortly after birth, addictions issues, ADHD and FASD, conduct disorder, low cognitive abilities – requires high level of structure and intervention to reduce risk of recidivism – no evidence relating to nature or severity of impairments before court, so impossible to properly reflect them in sentence – defence advised that structured release programs for offenders with FASD may be available in federal institution – 3 years, 4 mos (Crown seeking 3.5, defence 2.5)