FASD & the Justice System

R. v. McKenzie-Sinclair, 2015 MBPC 5 (Krahn J.)

Sentencing of 18 yo Aboriginal offender for break and enter committed with boyfriend – lengthy record, poverty and violence during childhood leading to multiple foster care placements – significant prenatal alcohol exposure, does not meet Canadian Diagnostic Guideline criteria for diagnosis, but severe deficits in executive function, also borderline impairment in memory, attention regulation and IQ – history of instability and impairments contributed to choice of boyfriend, pressure to go along with him on offence – two year sentence reduced to reflect diminishment in moral culpability resulting from disadvantaged and troubled background and role in offence, but further reduction not justified because of her failure to avail herself of more than minimal programs and treatment and regular breaching of court orders – 15 month sentence imposed