The sentencing today of Christchurch dad James Mason provides
some clarity over the boundaries of the so-called
anti-smacking legislation, say police.
The musician escaped jail for punching his four-year-old son
in a case widely seen as a test of the new law, with Mason
publicly claiming he had done no more than administer a flick
on the ear.
The 49-year-old was sentenced in Christchurch District Court
to nine months' supervision and ordered to undergo anger
management courses after earlier being found guilty of
assaulting his son.
He was acquitted of two other charges of assault in respect
of the four-year-old and another son.
Christchurch central area commander Inspector Derek Erasmus
said that some media had incorrectly portrayed what was a
"straightforward case of an assault", reported by concerned
witnesses, as a challenge to a parliamentary law.
"Mr Mason was seen by two very credible witnesses to punch
his child and he was subsequently charged with this offence."
The sentencing reflected the concern of the judge, jury and
the public who witnessed the incident, Mr Erasmus said. The
jury deliberated for 9-1/2 hours on May 19, before returning
the guilty verdict.
In sentencing, Judge Michael Crosbie said: "This is not a
case that would have been dealt with any differently prior to
the legislation being changed."
Outside the court today, Mason continued to deny pulling his
son's ear.
Defence counsel Elizabeth Bulger had sought a discharge
without conviction. Judge Crosbie said the case was described
by the Crown as an inappropriate response in a stressful
parenting situation.
The children had gone down a ramp on a bridge on their bikes
and one had fallen and hurt his head. They were then scolded
and one of them was assaulted by Mason, the jury found.
