May 21, 2010

Discharge on child assault case

A Christchurch father has been given a discharge without conviction before trial over a case that could have tested New Zealand?s anti-smacking laws.

The discharge under section 106 of the Criminal Justice Act on a charge of assaulting a child was granted by Judge Raoul Neave in the Christchurch District Court.

The father has also been given permanent name suppression. Suppression was granted when the case first appeared in court to protect the identity of the four-year-old son who was about to begin studies at a private school.

The case had been heading for a jury trial later this year, but defence counsel Jonathan Eaton had it brought on early and successfully argued for the discharge.

The judge ruled there was doubt about the competing accounts of the incident at a circus in North Hagley Park in January, with the police alleging a slap and the father saying he had only pushed the boy.

The boy is diagnosed as having behavioural problems and it is understood the incident took place when he threw a tantrum while the family was at the circus.

After the man was charged he was separated from the boy but the bail condition was relaxed after argument was heard in court before Judge David Saunders. The court was told that the boy was distressed at the separation from his father.

Before the discharge application was heard, an expert had prepared a report on the boy?s behavioural difficulties.

?The family are working with the appropriate agencies to deal with the issues identified,? Mr Eaton said.