Dad's assault conviction thrown out
A father charged with assault for repeatedly grabbing his daughter by the arms and shaking the 12-year-old during an argument has had his conviction thrown out because a magistrate undertook her own research into child discipline.
The Supreme Court has ordered Creswell Cyril Casey to face a retrial after quashing his conviction for aggravated assault causing bodily harm.
Mr Casey told _The West Australian _ yesterday that the harm to his daughter and family caused by the legal proceedings and by preventing contact with his daughter had far outweighed any harm allegedly caused as a result of the incident which led to the charge.
Mr Casey was convicted by Magistrate Barbara Lane.
Mr Casey was accused last year of using unreasonable or unjustified force when he grabbed his daughter by the arms, forcibly lifted her up from a sitting position and shook her, causing bruising.
Mr Casey admitted he used the force, but relied on a section of the Criminal Code which makes it lawful for parents to use reasonable force "by way of correction".
Ms Lane delivered reasons which referred to five articles about the effect of discipline on a child and legal changes overseas.
"The research all indicates that punishment or physical correction of children is detrimental to their mental health and wellbeing as an adult," Ms Lane said. She gave Mr Casey a spent conviction and imposed an $800 good behaviour bond.
In a decision published this week, Supreme Court Justice Michael Corboy said Ms Lane had used research that was not in evidence to find Mr Casey had not used reasonable force and had acted out of "anger and retribution".
"Regrettably, the magistrate infringed the cardinal principle … in deciding the prosecution by undertaking her own research out of court and taking into account material that was not in evidence," Justice Corboy said.
Mr Casey's lawyer Luka Margaretic said submissions had been made to prosecutors on whether there was a public interest in proceeding with a retrial.
