FASD & the Justice System

R. v. Keepness, 2013 SKQB 441 (Barrington-Foote J.)

Sentencing of Aboriginal offender for two counts of assault with a weapon – joint submission for 3 years jail and 10 year LTSO – offender 26 yo – relatively lengthy record with property offences, process offences and offences of violence, especially domestic violence – history of substance abuse in family – FASD with associated syndromes – high risk for future violence and historically poor response to treatment – nonetheless treatable, as customized and unrushed therapeutic strategy likely to have a greater impact – must be thorough assessment and understanding of offender’s cognitive and other deficits before program and treatment regime is set – reasonable possibility of eventual control of the risk in the community