BRITISH COLUMBIA
Court of Appeal

BRITISH COLUMBIA - Court of Appeal: R. v. J.M.R. [2004] B.C.J. No. 2531

FACTS:  This was a request for a conditional term instead of the two years of incarceration that had previously been imposed.  The appeal rested on evidence that J.M.R. suffered from FASD and exhibited severe behavioural problems associated with the disorder.  Dr. Christine Loock outlined these problems during the proceedings.

HELD:  The judge believed that a penal institution was not a suitable environment for an individual with FASD, because such conditions facilitate victimization.  The appeal was granted, and a conditional sentence was imposed with restrictive conditions. Two of the three appeal judges overseeing the case agreed to the conditional term, whereas the third judge maintained that the protection of the public was of greater importance.