FASD & the Justice System

R. v. RRGS, 2014 BCPC 170

Sentencing of 29 yo Aboriginal offender for sexual touching of 14 yo niece, unlawfully in dwelling house – parents attended residential school – alcohol abuse – suggestion of FAE from pediatrician not qualified to do FASD evaluations – onus on defence to establish offender with FAE on balance of probabilities but not met since doctor not an expert – mitigating factors and Gladue make 90 days jail plus three years probation appropriate sentence.