FASD & the Justice System

R. v. Zaakir, 2011 ONCJ 862 (Harris J.)

Sentencing of offender for numerous property offences (theft over/under, possession of property over/under, breach) – theft of vehicles, PlayStation, possession of GPS units – 20 yo, history of property offences – Ojibway, Navaho and Jamaican heritage – chaotic home situation, neglect – FASD diagnosis – aggressive behaviour could be attributed to FASD, as could immaturity and inability to assess and make reasonable judgments – low success with treatment programs –best way to cope with FASD diagnosis is consistency, repetition, routine, structure, supervision and simplicity, but these cause resistance from Z, - FASD affects all sentencing principles, including deterrence, rehabilitation and promoting a sense of responsibility, only one not affected is separation –concern that would breach CSO very quickly – time served plus 90 days to be served intermittently, 3 years probation – will provide structure and opportunity to reintegrate.