FASD & the Justice System

R. v. Otto, 2004 SKQB 465, overturned by 2006 SKCA 52:

Offender with suspected FAS initially designated an LTO following finding of guilt on violent home invasion robbery –  expectation by sentencing judge that Otto’s behavior could be managed with structure and supports within a protective environment– LTO designation quashed on appeal, DO designation substituted – given Otto’s pattern of drinking and reoffending while under community supervision, there were no new and more rigorous forms of supervision available – no realistic ability to control him in the community; 24/7 care outlined by judge is not community control but jail.