FASD & the Justice System
R. v. B.K.W., [2008] B.C.J. No. 2670; 2008 BCPC 418

FACTS: B.W. pled guilty to a charge of assault causing bodily harm on M.B., B.W.'s granddaughter in her care. The victim may be suffering from FASD. Accused is an Aboriginal person, whose life epitomizes many Gladue factors.

HELD: Suspended sentence with three years of probation. Judge considered offender's personal background, the nature of her family life growing up, and what has occurred to her since her adult years, in coming to the conclusion that a sanction other than incarceration would be appropriate in these circumstances.