Childhood neglect and disadvantage
1. The factors that the sentencing judge accepted as mitigating the sentence were:
- the dysfunctional family environment that Green grew up in
- the physical and sexual abuse that Green suffered in youth custody, resulting in post traumatic stress disorder
- nine months spent in custody without lawful justification for a different incident.
2. The sentencing judge discounted Green’s sentence as mitigating factors decrease an offender’s culpability. Mitigating factors generally mean that the sentencing judge will discount or reduce an offender’s sentence to take account of the mitigating factors.
3. The statement selected by students will vary.
Suggested statementsinclude:
- “… the respondent’s subjective culpability for his offending could not realistically be equated with that of a person who committed the same offences, but who had had the advantage of a normal, stable and regular home environment, and who had not been subjected to sexual and physical abuse of the kind experienced by the respondent while in custody.”
- “… the respondent was subjected significant abuse and degradation during the important formative years of his life.”