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Assessment and Evaluation of Fetal Alcohol Spectrum Disorder (FASD) and its Potential Relevance for Sentencing: A Clarion Call from Western Australia

Abstract LCM was a child of 15 whose diagnosis of FASD was not made prior to his being sentenced for the senseless and brutal manslaughter of his infant son. The diagnosis arrived at by a multidisciplinary team shortly before his appeal to the Western Australian Court of Appeal in LCM v The State of Western Australia [2016] WASCA 164 resulted in a significant reduction in his sentence. It also prompted the Court to undertake a foundational and internationally informed analysis of the relevance of FASD to the sentencing process and to call for improved awareness of the need for early and accurate diagnosis of the disorder.