Court decisions & legal issues
Magistrate Catherine Crawford Churchill Fellowship Report 2015 Youth affected by FASD in the criminal justice system
Final Report of the Western Australian Education and Health Standing Committee 2012 inquiry (FASD and Justice pp73-85) Foetal Alcohol Spectrum Disorders: the invisible disability Submission by the Hon. Chief Justice Wayne Martin
Court Cases
Western Australia
LCM-v-The State of Western Australkia [2016] WASCA 164
The State of Western Australia v BB (a child) [2015] WACC
AH v The State of Western Australia [2014] WASC 228
The State of WA v Cox [2008] WASC 287
Thanks to Professor Heather Douglas, TC Beirne School of Law, University of Queensland for identification of cases in NSW, Victoria, South Australia, Northern Territory and Western Australia (Cox) - cases referenced in her publications
New South Wales
R v Bugmy High Court Decision
LIAC Crime Library State Library New South Wales
Victoria
DPP v Moore [2009] VSCA 264
South Australia
Trevorrow v State of SA [2007 SASC 285
Northern Territory
R v Doolan [2009] NRSC 60 [9]
International
Canada - Court Cases
Decisions in relation to FASD - youth, parents, adults, witnesses,victims
New Zealand - Court Cases
Privy Council decision Teina Pora
Consensus Development Conference on Legal Issues of FASD
Edmonton, Canada September 2013
Canadian Bar Association
FASD Resolution 2010
FASD Resolution 2013
This Resolution calls for flexibility for the Court as to confirmation of maternal use of alcohol during pregnancy, an amendment of the Canadian Criminal Code to allow the Court to order an FASD assessment if the disability is suspected, considering a diagnosis of FASD a mitigating factor in sentencing, authorizing the Court to approve an external support plan which can continue after the probationer's period of supervision has ended and, finally, calling for changes in the law which will require the Correctional Service of Canada to accommodate while incarcerated those inmates with a diagnosis of FASD or who are thought to have FASD.
American Bar Association
Resolution with respect to FASD - 2012 Conference