FASD & the Justice System

R. v. Powderface 2014 ABPC 193 (Tjosvold J.)

Sentencing of Aboriginal accused with FASD for major sexual assault with passed-out victim – lengthy criminal record, but no offences of violence – full scale IQ of 55, functionally illiterate, substance abuse – if deficits any more severe there would be a question of fitness to stand trial – intoxication with presence of FASD means offence likely impulsive rather than calculated and deliberate – two years plus a day sentence, below three year starting point.