Although the effects of childhood deprivation must be given full weight in every sentencing decision under Bugmy, this does not mean moral culpability must be reduced in every case. Full weight can be given to a deprived childhood in other ways as part of instinctive synthesis. While a causal link between deprivation and offending is not required, if such a link exists there will inevitably be a reduction in moral culpability. Children's Court records where no conviction was recorded and the two-year clean period under s 15(1)(b) of the Children (Criminal Proceedings) Act 1987 (NSW) has elapsed are inadmissible in adult sentencing proceedings, and a sentencing judge's reference to such records constitutes appealable error with the capacity to affect the sentence.
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