"Gee, Officer Krupke, what are we to do?": Explaining the impacts of childhood adversity for the criminal courts

Generally, forensic mental health presentence reports include an expert analysis as to why the offender carried out the offence. The courts have accepted that a range of factors, including childhood adversity (Bugmy v R (2013) 302 ALR 192) and the presence of mental disorder (R v Verdins & Ors (2007) VSCA 102) may be grounds for mitigation of a sentence. However, the relevant jurisprudence can be confusing. I will argue that part of this confusion arises from the diversity of ways in which notions of "causation" and "realistic connection" are constructed. Unsurprisingly, prosecution and defence arguments continue to differ widely in terms of the breadth of such constructs.

I will use Nigel Walker's distinction between 'necessity' and 'possibility' explanations, in an attempt to clarify these issues and will draw upon Systems Safety Theory to argue against overly simplistic approaches to "causation". I will then discuss the implications of this for the form and content of the evidence that we can provide to the courts.

I will end with a brief re-examination of a plea to a Judge that was made in 1950s New York.

About the presenter

Andrew Carroll has worked in Forensic Psychiatry for over 25 years. He is Co-Director of 'Our Curious Minds', a training and consultancy firm that works with mental health and psychosocial services to upskill workers and enhance systems of care. He works at the Victorian Department of Health as Deputy Chief Psychiatrist (Forensic Mental Health) and is an Adjunct Associate Professor at the Centre for Forensic Behavioural Science at Swinburne University of Technology. He also has a busy medicolegal practice in both the criminal and civil areas. He has published on various topics, including the role of mental health evidence in assisting sentencing courts.

Time and location

This event will be held at Graduate House, 216-220 Leicester Street, Carlton VIC 3053. We warmly invite you to join us for canapés and drinks from 6 pm. The presentation will follow at 6:30 pm.

Please email us at vic@anzappl.org for more information.