Diposkan oleh Pengetahuan dan Pengalaman on Thursday, November 22, 2007

Bradford incorrectly says latest smacking case shows anti-smacking legislation is working


Most people who read this blog ( and so far today thats 800 of you) are aware that I have been opposed to the anti-smacking legislation. However I am also opposed to child abuse, and from what I know about the latest assault conviction - which is as much as Sue Bradford, it appears, and Russell Brown , this person would have been convicted of assault had he been charged before the anti-smacking bill was passed - which is pretty much what Social Development minister Ruth Dyson said today.

The difference is that now there is no defence of reasonable force. Yet the force used to bruise this child, it appears, was not reasonable, so any reasonable force defence would not have been upheld for the brusing - but may well have been for the smacking. So there still would have likely been a conviction.

Unfortunately Brown and Bradford are so blinkered that they don`t realise this - especially Bradford. Bradford said it seemed to be an example of the law being implemented just as MPs who supported the bill intended. Note the word "seemed" In other words she doesnt know, so she is speaking from ignorance.

This case does not show that the anti-smacking legislation is working. Based on the media reports, it indicates that it is irrelevant in this particular case - despitre certain comments from the judge alluding to smacking - as the man concerned got prosecuted for bruising his son, not for smacking him. No bruise, no prosecution. Others have been convicted before the smacking legislation for parental smacking that caused brusiing - this case appears worse as the bruising was an assault before the smacking occurred, and had the bruising occurred but not the smacking, the outcome in court should have been the same even if a reasonable force defence was used.