FASD & the Justice System
BRITISH COLUMBIA
Superior Court

R. V. L.T.P. [2005] B.C.J. No. 1066; 2005 BCSC 97

FACTS: Application by the Crown to have LTP declared a dangerous offender. LTP was found guilty of break and enter and sexual assault. He is an Aboriginal person who has been found to have recognizable symptoms of Fetal Alcohol Spectrum Disorder. LTP had an extensive criminal record; however, the sexual nature of this crime was out of pattern.

HELD: Application dismissed and LTP was designated a long term offender and sentenced to time served plus 4 years imprisonment with 10 years of community supervision. While he had a high risk to re-offend, a greater understanding of his disorder (FAS) led to the conclusion that there is potential for treatment. FAS is a mitigating factor in determining a dangerous offender designation. The sexual nature of the crime was not a part of his pattern and he recently illustrated the desire for rehabilitation.

GLADUE: His Aboriginal background was also considered. Gladue gives greater weight to restorative justice. But it also states that separation, denunciation, and deterrence are important with some serious offences. In LTP's case, these are serious crimes, thus denunciation and deterrence are more important.