The Family Court awarded the mother sole custody and care of three children after finding serious past physical abuse by the father, and ordered psychological assessment before any resumed access.
The Family Court dismissed a mother’s PPO application for her daughter, finding the alleged incidents did not amount to family violence and a PPO was unnecessary.
On the material before the Court (complaint, social report and oral submissions) a prima facie case was established that the infant was in need of care and protection under s5(1)(g) read with s5(2)(f) CYPA due to risk of exposure to domestic violence; therefore interim orders committing the child to temporary hospital care until the family conference and thereafter to identified Fit Persons, together with conditions on parental contact, supervised decision-making, disclosure of professional reports and bonds for compliance, were in the child’s best interests and were justified; allegations un…
The Family Court dismissed PPO applications by a mother and her older child, finding the father’s conduct did not amount to emotional or psychological abuse under s 58B.
The High Court dismissed a father’s appeal and upheld Care and Protection Orders for his two children, finding they had suffered emotional harm from parental conflict and violence.
The High Court dismissed a sentence appeal for aggravated outrage of modesty, upholding five years’ imprisonment and six strokes of the cane despite challenges to sentencing bands and plea discount.
Sentencing
Guilty plea discount
Aggravated outrage of modesty (s 354(2) penal code)
High Court dismissed a mother’s appeal against care-and-protection orders for her two daughters, upholding placement in places of safety for 12 months.
The High Court increased a sentence for possession of child abuse material, adopting a Logachev-style framework based on harm and culpability rather than quantity alone.
The High Court upheld a sentence for grievous hurt and false information, and set out a three-step framework for s 325 read with s 74B(2) of the Penal Code.