FASD & the Justice System

R. v. Thompson, 2013 ONCA 202

Appeal by offenders for sentences imposed for aggravated assault and forcible confinement – couple along with third individual convicted of offences - Brown 30 yo with FAS and Aspergers, Thompson 21 yo drug addict with troubled history – Brown one of two main perpetrators – forcibly confined and abused mentally delayed man for 17 days – judge erred in jumping joint submission of 7 years 2 months for Brown and imposing 13 years, especially without notice or meaningful reason – joint submission appropriate since not case of strong preying on the weak, but the weak preying on the weak.