Parent Gets Three Weeks’ Hard Labour

Manawatu Times, Volume 63, Issue 184, 6 August 1938, Page 4

Parent Gets Three Weeks’ Hard Labour

IMMODERATE THRASHING OF SON Per Press Association. AUCKLAND, Last Night. For assault on his 11 vcar-old son, at present an inmate of Atount Albert Boys’ Home, Alfred William Ruff Astle was in the Police Court sentenced to three weeks’ hard labour by Air. C. R. Orr Walker, B.AI. Tho case was heard last Friday, the Alagistrate then reserving his decision until to-dav. Astle, who was defended by Mr. Vialoux, denied the charge of having assaulted the boy. It was admitted that a thrashing had been administered by defendant without malice on his part.

The Magistrate referred to the opinion expressed by Dr. Coldicutt who said the boy was undersized for his age and physically not very robust. It had been proved and admitted that the boy was beaten by defendant with a cane on and about the buttocks and upon bare skin. A parent or schoolmaster, according to the Jaw as it stood at present, might for the purpose of correcting what was evil in a child inflict corporal punishment, always provided it was moderate and reasonable. If it was immoderate and excessive in its nature or degree the punishment was unlawful and constituted an assault.

44 It has been proved by cogent evidence that the chastisement inflicted by defendant exceeded the bounds of moderation and reason,” said Air. Orr Walker. 4 4 Moreover the boy’s experienced headmaster, who was called as a witness by the defence, gave it as his opinion that if tho marks on the boy’s body were as described by the evidence and were caused by a cane then they indicated excessive punishment. 44 In coming to the conclusion I do, I have considered the facts proved by the defence, including those referring to the conduct of the boy,” he continued. “There is at the present day a large body of public opinion that even moderate corporal punishment except in very rare cases is futile and indeed may be harmful. Bo that as it may the law is very definite that chastisement if inflicted must not be excessive and unreasonable. As there are degrees of punishment, so there are degrees of excess. I conclude from the evidence that excess was considerable and shocks the conscience of reasonable men.

4 4 The infliction of a fine would be inappropriate and I find it necessary to impose a term of imprisonment,” said the Alagistrate. “Probation would not be suitable punishment. After mature consideration I fix that term at three weeks with hard labour, which I am satisfied cannot be considered as excessive or unreasonable.”