Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending

Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending

G Model ARTICLE IN PRESS PEH-92; No. of Pages 3 Performance Enhancement & Health xxx (2016) xxx–xxx Contents lists available at ScienceDirect Per...

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ARTICLE IN PRESS

PEH-92; No. of Pages 3

Performance Enhancement & Health xxx (2016) xxx–xxx

Contents lists available at ScienceDirect

Performance Enhancement & Health journal homepage: www.elsevier.com/locate/peh

Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending Matthew Dunn a,b,∗ , Jarryd Bartle c , Fiona H. McKay a a b c

School of Health and Social Development, Faculty of Health, Deakin University, Victoria, Australia National Drug and Alcohol Research Centre, University of New South Wales, Sydney, New South Wales, Australia La Trobe Law School, La Trobe University, Victoria, Australia

a r t i c l e

i n f o

Article history: Received 18 December 2015 Received in revised form 9 February 2016 Accepted 9 February 2016 Available online xxx Keywords: Anabolic-androgenic steroids Steroids Violent offending Crime Case law

a b s t r a c t Research suggests that there is a link between the use of anabolic-androgenic steroids (AAS) and violence, though this link may be moderated by other substance use such as alcohol. Violent acts in the nighttime economy in recent times has led to governments adopting a law enforcement approach. This study sought to investigate whether the judicial system considers that there is a link between AAS use and violence. Sentencing decisions in Victoria, Australia, were identified using three publically available case law databases. Of the six cases identified, three cases had some mention of a potential link between AAS use and violent offending; however, it appears that evidence of AAS use had neither an aggravating nor mitigating effect on sentencing. In all six cases, a history of other substance use had more of an impacting upon sentencing. Harm reduction approaches should be adopted to reduce violence related to any substance use, including AAS. © 2016 Elsevier Ltd. All rights reserved.

1. Introduction Anabolic-androgenic steroids (AAS) are synthetic derivatives of the hormone testosterone which, though prescribed for a variety of medical purposes, are used by those wishing to increase lean muscle mass and muscular strength. While AAS use has been linked to a range of negative health effects, much attention is given to violent and aggressive behaviour linked to AAS use, commonly known as ‘roid rage’. While this term has entered everyday language as a convenient means of labelling this behaviour, it oversimplifies the complexity and inconsistency of the interaction between AAS use and violence (Lundholm, Frisell, Lichtenstein, & Langstrom, 2015). While animal studies have made a connection between higher levels of testosterone and increased levels of aggression and violence (Oberlander & Hendersonm, 2012), the evidence of an association between AAS use and violent behaviour in humans is less clear. The literature reporting on the relationship between AAS use and violence is diverse. Studies have investigated different, specific populations, such as weightlifters (Perry et al., 2003), doormen (Midgley, Heather, & Davies, 2001), amateur athletes (Parrott, Choi, & Davies, 1994), strength athletes (Choi, Parrott, & Cowan, 1990;

∗ Corresponding author at: School of Health and Social Development, Geelong Waterfront Campus, Locked Bag 20001, Geelong, Victoria 3220, Australia. E-mail address: [email protected] (M. Dunn).

Galligani, Renck, & Hansen, 1996), normal, healthy males (Yates, Perry, MacIndoe, Holman, & Ellingrod, 1999); and have used different methodologies, including case-control (Bahrke, Wright, Strauss, & Catlin, 1992) and cohort (Pope, Kouri, Powell, Campbell, & Katz, 1996). In addition, the outcome under investigation has also varied, ranging from self-reported aggression and hostility (Choi et al., 1990), to bullying (Hallgren et al., 2015), to ‘violent crimes’ (Klötz, Petersson, Isacson, & Thiblin, 2007; Lundholm et al., 2015). When investigating violent behaviour, some studies have found that those who have used AAS report greater involvement in violent behaviour (Beaver, Vaughn, DeLisi, & Wright, 2008; Lundholm, Kall, Wallin, & Thiblin, 2010). Others, though, have found that this association disappears once controlling for alcohol use (Lundholm et al., 2015). Hallgren et al. (2015) have argued that this adjustment may ‘adjust out’ (p. 324) part of the association between violent behaviour and AAS use, resulting in a conservative estimate of the association. However, it could be argued that not adjusting for other substance use may lead to an inflated association between AAS and violent behaviour. Importantly, much of the current research fails to investigate other factors that could explain antisocial behaviours, particularly among adolescents, with much research relying on a tenuous link between AAS and violence. Regardless, while associations have been found between AAS and violence, these studies have not been able to establish a temporal order (Dunn, 2015). While there has long been popular interest in incidents of ‘roid rage’, violent acts, involving a number of fatal one-punch ‘king-hit’

http://dx.doi.org/10.1016/j.peh.2016.02.001 2211-2669/© 2016 Elsevier Ltd. All rights reserved.

Please cite this article in press as: Dunn, M., et al. Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending. Performance Enhancement & Health (2016), http://dx.doi.org/10.1016/j.peh.2016.02.001

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assaults in the Sydney night time economy in early 2014 reignited interest in the association between violent behaviour and AAS use. This interest was intensified when the perpetrator of one such fatal ‘king-hit’ was found to have vials of AAS in his home. The increased public and media attention brought by this death resulted in a series of policy changes including increasing the maximum sentence from 2 years to 25 years for the illegal supply and possession of AAS. While much of the community appear convinced of a link between AAS use and violent behaviour, it is currently unclear how the judicial system interpret the relationship between AAS and violence. Using case law, the aim of this study was to investigate how the judicial system interprets the relationship between AAS and violence. 2. Methods A retrospective review of case law was undertaken to understand how the judicial system interprets the relationship between AAS use and violent offending. Sentencing courts are required to consider the circumstances of an offender at the time of offending during sentencing, including any relevance of substance use and intoxication. By analysing the content of case law involving both AAS use and violent offending, a clearer picture of how AAS users find themselves within the criminal justice system can be determined. Sentencing decisions were identified using three publically available case law databases (AustLII, WestLaw AU and Lexis Nexis AU). Searches were restricted to Victorian case law published between January 2003 and December 2013. Search terms entered were: serious injury, injury, “offence against the person”, assault, murder, manslaughter, affray, violen*, agress*, steroid AND sentencing. A total of 119 files were obtained from database searches; after duplicates were removed and inclusion criteria applied, six cases were included. 3. Results Of the six cases identified, two were decided in the Victorian County Court, two in the Victorian Supreme Court, and two in the Victorian Court of Appeal. Individuals were convicted of a variety indictable and summary offences including affray (1), assault (1), intentionally causing injury (2), stalking (1), homicide (2), incest (1), theft (1), arson (1) and robbery (1). All offenders were male. Of the six cases identified, three cases had some mention of a potential link between AAS use and violent offending (DPP v Bazi, Gavelan, Bazzi, 2013; R v Hopkins, 2011; R v Matheas, 2003). In one case, a combination of alcohol and AAS use was acknowledged as a contributing factor to the offender’s acquired brain injury (DPP v Bazi et al., 2013). In another, a combination of AAS, cannabis, methamphetamine and Viagra was acknowledged to have ‘had some impact’ on offending behaviour (R v Hopkins, 2011). Finally, in R v Matheas (2003) it was acknowledged that uninhibited steroid use likely contributed to the offender’s impulse control issues. However, evidence of this impulse control disorder did not appear to have a significant impact on sentencing. Notably, in the six cases identified, it appeared that a history of substance use other than AAS had more of an impact on sentencing. 4. Discussion Although not normally a mitigating factor on sentence in itself, a history of substance use is often raised by defence counsel during sentencing to explain offending behaviour (Chong, 2008), or to demonstrate good prospects of rehabilitation (Sewell & Ors, 1981).

Such evidence can also be an aggravating factor on sentences if a sentencing judge finds the offender’s drug-consumption was reckless to the likely consequences of use (McCullagh, 2003). From the evidence presented, it appears that evidence of AAS use has neither an aggravating nor mitigating effect on sentence. Indeed, it appeared that the sentencing judges made no clear link between AAS use and violent offending. Emerging evidence suggests that people who use AAS care about their health, and use informal information sources (such as web based community forums) to inform themselves and others about which substances may provide a health benefit and which may increase aggression and hostility (Dunn, Henshaw, & McKay, in press). While understanding the association between AAS use and violent behaviour is important, it fails to provide insight into the temporal order, which may have better real-world applicability for informing harm reduction messages (Dunn, 2015). Furthermore, knowing the temporal order associated with any link between AAS use and violence may provide a better evidence base for policy reform. Responses to AAS-related violence in Australia – and indeed, any substance-related violence – have been largely focused upon law enforcement. Greater insights into the relationship may assist in shifting the debate in Australia from focusing on law enforcement, which receives approximately 64% of the government expenditure related to substance use, to health, which receives approximately 2.2% of the government expenditure related to substance use (Ritter, McLeod, & Shanahan, 2013). Regardless, prevention initiatives should be as evidence based as possible so that those who wish to use or continue to use these substances can make informed decisions. 4.1. Limitations There are limitations to the current study, including the inherent limitation in inferring judicial temperament merely from reported judgments. Reported judgments encompass a significant but not exhaustive sample of the judicial decisions made in Victoria. Such judgments do not contain all evidence that was presented at hearing, nor do they indicate an exhaustive list of considerations made by a judge during sentencing. Importantly for this case, considerations of AAS use will only be raised at sentencing if this was presented to the court either by the defence or prosecution. If neither party felt it relevant to submit evidence of the offenders AAS use, it would not be able to be noted in the reported judgement. Other limitations include that the study is limited to a small number of cases in one Australian jurisdiction (the state of Victoria), and cannot be generalised to other jurisdictions. It would be of interest to compare the judicial temperament in Victoria to that of New South Wales, where there is greater media and political message on the proposed link between AAS use and violent behaviour. It would also be of interest to look at a broader segment of offences and legal cases other than violent crime. 5. Conclusion Among those in the Victorian judicial system, evidence of AAS use appears to have neither an aggravating nor mitigating effect on sentencing for violent offences. While continued research into the association between AAS use and violence fails to provide evidence for the temporal order of behaviours, it does provide information which may inform targeted harm reduction initiatives. References Bahrke, M. S., Wright, J. E., Strauss, R. H., & Catlin, D. H. (1992). Psychological moods and subjectively perceived behavioral and somatic changes

Please cite this article in press as: Dunn, M., et al. Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending. Performance Enhancement & Health (2016), http://dx.doi.org/10.1016/j.peh.2016.02.001

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Please cite this article in press as: Dunn, M., et al. Exploring judicial opinion on the relationship between anabolic-androgenic steroid use and violent offending. Performance Enhancement & Health (2016), http://dx.doi.org/10.1016/j.peh.2016.02.001