ABSTRACT
FASD, along with other mental impairments, may be taken into account as a mitigating factor when sentencing an offender, be relevant to the type of sentence imposed, and how certain sentencing principles, such as individual and general deterrence, are weighed in the exercise of sentencing discretion. This chapter outlines the challenges of sentencing offenders with FASD and why sentencing responses to FASD have been criticised as inadequate, through an analysis of current case law and commentary. It explores reform options to improve sentencing outcomes for Aboriginal youth with FASD by maximising therapeutic outcomes with community-based alternatives, drawing on Australian, Canadian, and New Zealand best practice examples. Building on the issues raised in preceding chapters, this chapter also explores courtroom accommodations, building effective sentencing options, mandatory sentencing regimes, and the role of innovative specialist courts, namely, Community Justice Centres and Aboriginal Courts.
