R v WM [2020] NSWDC 714

R v WM [2020] NSWDC 714

Kicking a six-year-old child in the leg cannot be considered reasonable punishment under s 61AA of the Crimes Act; self-defence was not established and the evidence supported that the appellant kicked the child in anger, thus the conviction stands.

Parties
Appellant: WM; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Criminal Appeal / Appeal From Local Court Conviction
Outcome
appeal dismissed
Legal Topics
Assault, Parental Correction, Self Defence
Criminal Law Assault Parental Correction Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

WM

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Local Court Conviction

Legal Issues

  1. 1 Whether the appellant assaulted the child
  2. 2 Whether the appellant's actions were justified by self-defence
  3. 3 Whether the force applied constituted lawful parental correction under s 61AA of the Crimes Act

Ratio Decidendi

Kicking a six-year-old child in the leg cannot be considered reasonable punishment under s 61AA of the Crimes Act; self-defence was not established and the evidence supported that the appellant kicked the child in anger, thus the conviction stands.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed.