Dr Joseph Sakdalan1, Ms Janelle Yeoh2, Mr Nobile Daniel2
1Forensicare, Clifton Hill, Australia, 2Cairnmillar Institute, Hawthorn East, Australia
Biography:
Dr Joseph Sakdalan is an AHPRA and NZ Registered Psychologist with endorsements in clinical psychology, counselling psychology and clinical neuropsychology. He has more than 25 years of clinical experience providing assessment and treatment of clients with complex presentations including mental health issues, cognitive difficulties, neurodivergence, personality problems, complex trauma, and offending behaviours. Joseph is a Principal Psychologist for Court Reports at Forensicare and a Lecturer in Clinical Psychology at the Cairnmillar Institute in Melbourne, Australia. He has provided training on neurodiversity-affirming approaches across community and forensic settings and has published in forensic rehabilitation and intellectual disability.
Abstract:
Autistic individuals are overrepresented in the criminal justice system, despite there being no evidence of higher offending rates compared to neurotypical individuals. In Victoria, the Verdins principles offer a legal framework that considers mental impairments—including autism—in sentencing across six key dimensions. However, there is a surprising lack of empirical research on how this framework functions in practice. Most existing studies are doctrinal, international, or qualitative, leaving crucial questions unanswered: what influences Victorian courts to apply the Verdins principles in autism-related cases? And when these principles are applied, do they truly impact sentencing outcomes?
This study examines a unique dataset of 130 Victorian sentencing decisions involving autistic defendants. The first part investigates what factors predict the application of Verdins principles, looking at variables such as offence type (sexual vs. non-sexual), co-occurring conditions like ADHD or psychosis, and the timing of diagnosis. The second part assesses whether applying these principles affects sentence types—custodial vs. non-custodial—and the length of custodial sentences, after accounting for factors like offence severity, plea status, and age.
This research represents the first quantitative, Victoria-specific effort to explore how the Verdins framework operates in autism-related sentencing. The findings shed light on how legal evidence is presented, whether applying the principles benefits defendants in measurable ways, and identify gaps that still need to be addressed in policy and practice. Importantly, the results have direct implications for forensic psychologists and psychiatrists preparing reports for autistic clients, ensuring these reports truly make a difference in court proceedings.