@Nelson said:
@Byron Bay Fan said:
It 13 of jury verdict:
**Although the evidence clearly shows that the offender had been drinking for some hours prior to striking Mr Kane**, since no evidence was led as to how much he drank and there was no cross-examination by the Crown on that question, I am unable to make any finding that the violence which caused Mr Kane's death, and for which the offender is criminally responsible, was alcohol-related.
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busy now will get back to you guys later
It's not the jury verdict, that's just guilty or not guilty. It's the Judges remarks on sentence. The fact is he did not try to blame the drink, so you don't need to go doing it for him…and if he tried to blame it well see my earlier comment
I don't know Fields case only that he is Indigenous. I was shocked to hear the other day how Fetal alcohol spectrum disorders (FASD it so prevalent amongst Australian Aborigines
So strictly speaking many people who have drinking problems are not completely nor directly responsible for their problems in life.
http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129550296
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http://www.nofasd.org.au/resources/what-is-fasd-1
These tertiary conditions can include:
The primary conditions common to FASD last a lifetime and may include the following which vary from person to person:
learning difficulties
impulsiveness
difficulty relating actions to consequences
social relationships
attention/hyperactivity
memory
developmental delays
major organ damage
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Typically, unrecognized brain impairment with primary symptoms result in misunderstanding by those with authority who cast individuals with FASD as defiant or lazy. In an effort to meet unrealistic expectations, the individual develops secondary defensive behaviours which are then paradoxically used to stereotype and label the individual according to the observed behaviour. This unfairness reinforces the invisibility of the brain-based condition and perpetuates the individual’s sense of failure as they ‘can’t do’, rather than ‘won’t do’. Failure to meet expectations and the development of defensive behaviours leads to an increased risk of tertiary conditions.
incomplete education
involvement in the criminal justice system
family and economic dependence
poverty and homelessness
alcohol and other substance abuse
sexual victimisation
unplanned and early parenthood
difficulty parenting and subsequent risk for children.
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Couple this with the easy access and social acceptability to drinking in Australia of course there will be hundreds of thousands of disasters.
