A court has overturned an Air Force pilot’s conviction for smacking his 12-year-old son.
Yesterday, Supreme Court Justice Davie Peek quashed the ruling of aggravated assault, saying his trial was “misdirected” on “the issue of parental correction”.
The 43-year-old father slapped his son’s thigh which left redness but no bruise, and Justice Peek said this was “not unreasonable”. He was convicted of the crime (which occurred in March 2014), and was in court to appeal the ruling.
“The suffering of some temporary pain and discomfort by the child will not transform a parent attempting to correct a child into a person committing a criminal offence,” said Justice Peek.
“Indeed, the very suffering of temporary emotion may be calculated to impress the child and correct the behaviour, just as much as the accompanying physical discomfort.”
He continued: “Some level of pain is permissible, and in the present case there was little … the mere existence of red marks caused by the punishment does not prove unreasonable correction.”
“It is very important that parental conduct which is not considered unreasonable in the Australian community should not be stigmatised as criminal offending in a criminal court.”
The incident occurred in 2014 when the father – who has shared custody of his son with his estranged first wife – was out for lunch with his son.
The boy “threw a tantrum” about his food, and “disrespected” his dad and step-mother, to which the man then smacked him three times – once on his bare thigh and twice on his shorts.
He then said: “If you’re going to act like a four-year-old, I’ll treat you like a four-year-old.”
Justice Peek said that prior to the smacking, the father had punished his son by giving him “time out” and was “genuinely frustrated” when it failed to work.
The boy’s mother went to the police to report the incident, and he was arrested and charged with assault.
“The boy said in evidence that the pain in his leg was not serious and hurt a little bit for a day, and the redness lasted two days … his thigh did not bruise,” Justice Peek said.
He continued that the man was “a good, loving father” who set down “firm boundaries”, and that the pilot’s motive was genuine.
Justice Peek overturned the man’s conviction as he said a record of aggravated assault can bolster life-affecting consequences, and in this case, it was unwarranted.
“While it may be that some children … may be too old for physical parental correction, such an argument does not extend to a 12-year-old boy,” he said.
What do you think? Is smacking ok?
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