FASD & the Justice System

R. v. S.A., 2014 MBPC 17 (Pullan J.)

Crown application for adult sentence for 16 yo Aboriginal offender with FASD – young person charged with 2 coaccused for robbery with a restricted firearm, on bail at the time – Crown failed to rebut presumption of reduced moral blameworthiness because scorched and deprived upbringing compromised ability to function and make appropriate choices, borderline IQ and presentation as younger than his age – can respond to appropriate nurturing and guidance but struggles with impulse control and decision making.