Considerations relevant to LAL
35 LAL was born on 5 October 1991 and was 14 years and 4 months old at the time of the offence. She is now 15. The court has received considerable evidence in relation to her family circumstances and upbringing. Her parents are Samoan. Prior to the offence she was residing with her mother and siblings in the family home at Canley Heights.
36 LAL is the eldest of four children and has two sisters and a brother. Although born in Sydney her family has lived, at various times, in New Zealand. Her father is a violent man and has abused all of the family members particularly LAL's mother. He displayed such violence that her mother would flee the family home from time to time and with her children spend time in women's refuges. LAL's father has consistently abused alcohol.
37 LAL's mother and her children lived with her father in Wellington, New Zealand in 2004. However the relationship between the parents broke down (this was not the first occasion in which it had broken down) and the mother and children returned to Sydney. There has been no contact with LAL's father since that time.
38 LAL's education has been disrupted as a result of the violence at home and the frequent moves of the family. She attended a number of primary schools both in Australia and New Zealand. She was in Year 9 at the time she was taken into custody.
39 LAL's mother reported to a psychologist that LAL's behaviour had declined in the years after their return from New Zealand. She often stayed out at night without permission and stayed away from home more frequently in the school holidays. She was disrespectful to her mother and refused to accept a curfew.
40 Since being taken into custody LAL's behaviour reportedly moderated and she has apparently responded well to the structure and boundaries that have been placed around her. When she was first incarcerated she would act impetuously and with little thought for the consequences of her actions. The psychologist who interviewed her believed this was due to her inadequate maturity. However, now that she has been provided with assistance, support and trust LAL has become more openly responsive and reportedly shows more empathy for others. She has been attending school where her behaviour has stabilised and her school reports note an improvement in her behaviour and learning. She is currently enrolled in Year 11 and plans to complete her Higher School Certificate and then explore a TAFE course in either hair dressing or fashion design.
41 LAL told the psychologist that she first began drinking alcohol when she was 13 and was drinking most weekends before her incarceration. She told the psychologist that she would consume approximately 1 case of "Woodstock". "Woodstock" has a standard equivalent of 1.7 drinks per can. On the night of the offence she reportedly consumed a half case which is the equivalent of 20 standard drinks.
42 Because of her reportedly high use of alcohol the psychologist administered the alcohol use disorders identification test (AUDIT). A score of 8 to 10 on this test indicates problematic consumption of alcohol and a score of 19 and over indicates dependency. LAL scored 23 which is consistent with a high level of alcohol abuse prior to her admission into custody.
43 LAL began smoking cannabis in approximately 2005 at the age of 12. She told the psychologist that she would use cannabis on average twice per fortnight. She does not recall using any other illicit drug.
44 The psychologist discussed the circumstances of the offence with LAL. The psychologist reported that LAL has rather a confused memory of the events of that night. She expressed remorse about killing the taxi driver and told the psychologist that she had not wished to hurt him.
45 Various tests were administered by the psychologist who identified a low level of verbal skill in LAL. However, her non verbal skills were higher making it difficult to assess LAL's general intelligence. The psychologist concluded that LAL has good non verbal reasoning skills and reduced verbal competence. As a consequence the psychologist believes that her development of self awareness and self control have been inhibited. The psychologist is of the opinion that "on tasks requiring social problem solving and communication, her skills will appear grossly reduced. LAL's low verbal competence is likely to make her vulnerable to seemingly irrational and impulsive behaviour, which is consistent with her presentation during assessment and also her general history of escalating externalising problems."
46 The immaturity displayed by LAL was apparently evident in her earlier appearances in court. The psychologist formed the view that she had displayed a degree of emotional disconnection and would laugh and behave in a manner inappropriate to the seriousness of the occasion. The psychologist believed this revealed an inability for mature self regulation and "highlights her poor emotional development" as a result of her experiences as a child and lack of appropriate nurturing.
47 The psychologist concluded her report in the following terms:
"LAL's early history indicates consistent exposure to paternal violence, and failure on the part of her mother to meet her developmental needs for safety and stability, which led to significant disruption to LAL's schooling and general stability. The constant relocations appear to have prevented community agencies or schools engaging with the family to reduce the harms her abusive family environment were engendering. As a consequence, LAL appears to have become used to violence or aggression as a communication strategy, its use being normalised and even rewarded within the family environment. Whilst she describes feelings of animosity towards her father, her respect for her mother following her parents' separation in 2005 appears to have dissipated also. Such loss of respect is probably associated with the natural inclination towards independence and autonomy found in adolescence, but also with the realisation that her mother's lack of protective behaviours had exacerbated the difficulties she found herself in. LAL's behaviour is reported to have become increasingly disruptive and oppositional from that time, and she was staying away from home for days at a time around the time of the offence.
It is evident that there was inconsistent parenting modelled to LAL throughout her upbringing, and her mother specifically modelled erratic behavioural control. It is likely that LAL responded by simply doing what she wanted because her mother was being ineffective and perhaps self-absorbed, and there was no countervailing socially appropriate influence. As a result of the poor supervision and disruptive family environment, LAL reports an early initiation into substance use. Some use may have been for self-medication purposes but her account implies a person whose behaviour deteriorated as a result of the opportunity to do so. LAL was intoxicated at the time of the offence. Whilst she says that she did not plan to hurt the victim, her conduct shows an impulsive pattern to it that highlights her poor maturity level. Indeed, her maturity level is also affected by her poor emotional development and general detachment to her emotional state, as evidenced by her inappropriate display of affect at times for example.
Since being in custody and in a secure and stable environment, LAL's behaviour has calmed considerably and she has been able to better engage with people around her, and she has also re-engaged with education. In terms of her clinical functioning, she presents as emotionally immature but this is something that has evidently improved since her admission into custody. There are no current features of mood disturbance or a psychiatric illness. LAL appears to be a young woman who has begun to externalise any distress she experiences, modelled to her by her abusive early experiences, however again, this has moderated in the last year. Whilst she is at risk for future problems to her psychological functioning, early and consistent intervention could improve her prognosis considerably."
48 The psychologist made the following recommendations:
"LAL is due to undergo assessment under the Department of Juvenile Justice Violent Offender Program (VOP), and she is likely to receive supervision by a counsellor in this program as part of any sentencing order received. Intervention related to her offending behaviour is required, in addition to assistance with regards to improving her maturity, anger control and impulsivity levels as noted earlier. LAL could achieve such skills acquisition under a cognitive-behavioural therapeutic framework. Additionally, drug and alcohol counselling should continue and LAL reports a good response to this so far. Indeed, it is my opinion that LAL will continue to respond well to consistent supervision and treatment once rapport has been established. It is noted that a lengthy custodial sentence will negatively affect LAL's prognosis and her motivation levels to some extent. Moreover, she will probably experience further detachment from her family and specifically her mother, which will affect her eventual adjustment to the community upon her release.
Furthermore, LAL should remain in a juvenile facility for as long as is possible, so that she can maintain access to consistent supervision, therapy and also education. Supervision should continue upon her release into the community, in order to assist with her reintegration and longer-term adjustment."
49 LAL has been interviewed on four occasions by a counsellor of the NSW Department of Juvenile Justice. LAL told the counsellor that on the night of the offence she had consumed a significant amount of alcohol and cannabis with the co-offender and a group of males in the hours preceding the offence. She told the counsellor that she had consumed "the equivalent of approximately 10 standard drinks followed by a significant amount of cannabis in the space of 1 hour." LAL told the counsellor that it was she who initiated the physical assault on the taxi driver "and when he allegedly retaliated by assaulting her and her co-offender, they responded by assaulting the victim further." Before fleeing the scene LAL believed the taxi driver was still alive as she could hear him moaning. She said that she did not call an ambulance as she was fearful of being caught, was not thinking clearly and her immediate impulse was to escape.
50 LAL told the Juvenile Justice counsellor that it was not until she spent her first night in custody that she realised the full implications of what she had done. She said that she "felt real bad, guilty, that I took someone else's life." The counsellor accepted that LAL demonstrated genuine remorse and empathy for her victim. LAL said that she "started praying full on" hoping that the victim would forgive her and that her mother would still love her after the shame she has caused her family. The counsellor is of the opinion that LAL has accepted responsibility for her involvement in the offence.
51 The counsellor has reported the history of LAL's time since she was taken into custody. That report is in the following terms:
"LAL was admitted to Juniperina JJC on the 02.02.2006, where she has remained until the present time. Perusal of departmental file notes and consultation with LAL's primary workers indicate that she experienced difficulty settling into the routine, which may have resulted from the stress of being incarcerated and being separated from her family. Departmental notes indicate that LAL's behaviour fluctuated from being compliant with staff, to demonstrating oppositional and aggressive behaviour (refusing to follow staff directions, abusive language and intimidating behaviour towards staff and other detainees) for which she received minor misbehaviour reports and was placed on behavioural management plans. LAL also became involved in an altercation with another detainee and was charged with 'Common Assault', for which she received a 6 month Probation Order. Perusal of the Background Report dated 20.02.2007, prepared by Juvenile Justice Office for sentencing on this matter, indicates that LAL acknowledged the inappropriateness of her actions and demonstrated remorse for her involvement.
Departmental records indicate that staff have assisted LAL in addressing her inappropriate behaviour through case management, individual counselling and group programs. Reports from staff indicate that LAL's behaviour has markedly improved over recent months, she has been interacting with staff in a more respectful manner and actively participates in group activities and unit programs. Staff reported that LAL's behaviour appeared to deteriorate in the days leading up to her various court appearances. Through case management and counselling it was identified that LAL experienced significant anxiety and fear about attending court, which was reflected in her behaviour on the unit. LAL reported that her fear manifested in inappropriate behaviour during court proceedings, such as giggling and smiling, and thus she has sought assistance from her counsellor to develop strategies to manage her anxiety more appropriately.
LAL's participation in individual counselling has also focussed on addressing anger-management issues, as staff observed that LAL would react impulsively and aggressively when challenged by other detainees. Over recent times it appears that LAL has made a significant improvement in managing her reaction to conflict and stressful situations.
Perusal of Departmental records indicate that LAL has also participated in the following group programs: Alcohol and Other Drug group, Managing Emotion Regulation group, Stress Management Group, and Ending Offending group. Departmental notes indicate that LAL generally participates well in programs, actively communicating and contributing to group discussion. LAL stated that overall she has found the group programs helpful, though she experienced difficulty with the Managing Emotion Regulation group, as she was not comfortable expressing her feelings or accustomed to sharing personal information. LAL stated that she has learnt to express her feelings in a more open manner and to manage the feelings that are evoked from this process, which has been confirmed by staff reports.
As previously mentioned, LAL is also pursuing her education and is currently undertaking Year 11 subjects with the goal of obtaining her Higher School Certificate. Departmental notes indicate that LAL is a bright and capable student who achieves high marks on her assessments and exams. As well as attending school on a daily basis, LAL participates in general unit activities, which involve developing appropriate life skills, such as cooking and cleaning."
52 Notwithstanding the reported improvement in LAL's behaviour since she was taken into custody the counsellor was of the opinion that LAL would benefit from counselling in relation to grief, loss and trauma, anger management, alcohol and other drugs, peer association and refusal skills and issues relating to family relationships. The counsellor was also of the opinion that she would benefit from continuing her education, pursuits and participating in age appropriate activities.