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SA Supreme Court rules parent is not a criminal for smacking his child

Mar 22, 2016

Carr & Co

On Monday the 22nd of March, the South Australian Supreme Court ruled that a father’s conviction for smacking his son, 12, had been overturned because causing pain during discipline does not “transform” a parent into a criminal. The Advertiser reports that Supreme Court Justice David Peek had quashed the father’s conviction for aggravated assault, saying his trial was “misdirected” on “the issue of parental correction”.

The incident occurred during a lunch when the son “threw a tantrum” about his food and was disrespectful to both his father and stepmother. The father smacked the boy three times — once on his bare thigh, and twice on his shorts.

The father’s former wife reported the incident to police, and after a trial he was convicted of assault and discharged without further penalty.

Justice Peek said the magistrate’s decision must be overturned and the charge has been dismissed.

The story has sparked plenty of debate on both Social media and various news sites:


ABC News

The Advertiser