LCM v WA

(2016) 262 A Crim R 1; [2016] WASCA 164

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Young offenders
4. › Manslaughter of infant child
5. › Mental impairment
6. › Foetal Alcohol Spectrum Disorder (FASD)
7. › Relevance of FASD to sentencing
8. › Whether FASD diminished moral culpability
9. › Whether FASD moderated weight of deterrence
10. › Young Offenders Act 1994 (WA), ss 7, 46, 46A, 50A, 118
1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Additional evidence on appeal
5. › Evidence of mental impairment not known at time of sentencing
6. › Whether new evidence meant different sentence should have been imposed
7. › Criminal Appeals Act 2004 (WA), ss 31(4), 39(1), 40(1)(e)
1. Criminal Law
2. › Sentencing
3. › Mental impairment
4. › Principles governing relevance of mental impairment to sentencing
5. › Moral culpability
6. › General and personal deterrence
7. › Heavier burden of imprisonment on impaired offender
1. Criminal Law
2. › Sentencing
3. › Plea of guilty
4. › Discount for plea of guilty
5. › Whether s 9AA of Sentencing Act 1995 (WA) applies to sentencing of young offender under Young Offenders Act 1994 (WA)
6. › Sentencing Act 1995 (WA), s 9AA
7. › Young Offenders Act 1994 (WA), s 46A(1)(c)

Quick Take

FASD is a mental impairment that triggers the application of the [name withheld]/[name withheld] sentencing principles. A diagnosis of FASD may diminish moral culpability, moderate the weight to be given to personal and general deterrence, and bear upon findings as to deliberateness, remorse, and the offender's explanations for their conduct. However, the relevance of FASD in any particular case depends critically upon the precise diagnosis, the nature and extent of the specific disabilities, and their impact on relevant sentencing considerations — blanket propositions about FASD's effect on sentencing should be avoided. Section 9AA of the Sentencing Act 1995 (WA) applies to the sentencing of young offenders under the Young Offenders Act 1994 (WA) by virtue of s 46A(1)(c).