Monday, August 29, 2005

using a defence of reasonable force


Barnardos is campaigning to repeal Section 59 of the Crimes Act under the banner of Every Child Counts. It has recently put up an analysis of court cases relating to S59 on its Barnardos web site. I assume this has been done to illustrate why section 59 should not be successfully used as a defence in court.

Trouble is, in the criminal cases quoted, all but one of the offenders were convicted., not acquitted. The one that was acquitted was a manager of a creche, and the decision was overturned on appeal due to technical grounds, and she was discharged without conviction. Nearly all the civil cases were deemed to be unlawful assault as well.

None of the criminal cases relate to acquittals of parental discipline of children. All but one of the civil cases quoted relate to parents being convicted. The sole accquittal was not held to be personal abuse, according to Barnardoes. Trouble is, Barnardoes did not describe the circumstances, nor did it advise readers that it wasn't the nature of the force that was the issue, the court case was decided on the nature of the cirucmstances.

So where is the list of all these criminal court cases during the past four years where S59 was used to get people off abusive smacking?

I haven't seen it. I don`t think anyone else has, either. Is this the best Barnardos can do?

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