FASD & the Justice System
R. v. Beaulieu, [2007] N.W.T.J. No. 17 (also under assessment).

FACTS: Offender was convicted on two counts of sexual assault. In the first incident the accused told the victim, age 13, to remove her clothes and he simulated intercourse. In the second, he placed his hands down the pants of the victim. The accused denied responsibility for the offences.

HELD: Offender sentenced to consecutive terms of two years and one year imprisonment, less credit for time served. The offender's Aboriginal heritage did not detract from the need to impose a significant deterrent sentence. The judge was concerned about the reference to Beaulieu's undiagnosed learning disability and undiagnosed possible FASD. However, without assessments by professionals, the judge decided that there was nothing he could do to tailor a sentence in a way that might address the offender's problems.

CanLII link: http://www.canlii.org/en/nt/ntsc/doc/2007/2007nwtsc18/2007nwtsc18.html