GAOL FOR FATHER

New Zealand Herald, Volume LXXV, Issue 23109, 6 August 1938, Page 16

GAOL FOR FATHER

THRASHING OF SON THREE WEEKS' TERM COMMENT BY MAGISTRATE "EXCEEDED MODERATION" Holding that chastisement inflicted on accused's son, William George Astle, aged 11, exceeded the bounds of reason and moderation, Mr. C. R. Orr Walker, S.M., sentenced Alfred William Ruff Astlo in the Police Court yesterday to three weeks' imprisonment with hard labour. Astle appeared on Friday of last week in answer to a charge of assaulting his son on March 11 and pleaded not guilty. After evidence had been heard, the magistrate reserved his decision. " Accused is charged with assaulting his son, a boy aged 11," said the magistrate. "The boy is, in the opinion of Dr. C. E. A. Coldicutt, undersized for his ago and physically not very robust. It is proved and admitted that the boy was beaten by accused with a cane on and about the buttocks and upon the bare skin. Degrees of Punishment " A parent or a schoolmaster, according to the law as it stands at present, may for the purpose of correcting what is evil in a child inflict corporal punishment, always provided it is moderate and reasonable; if it is immoderate and excessive in its nature or degree, the punishment is unlawful and constitutes an assault. " It has been proved by cogent evidence," the magistrate continued, "that the chastisement inflicted by accused exceeded the bounds of moderation and reason,. Moreover, the boy's experienced headmaster, who was called as a witness by the defence, gave it as his opinion that if the marks on the boy's body were as described by the evidence and were caused by a cane, then they indicated excessive punishment.

" 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. There is at the present day a large body of opinion that even moderate corporal punishment, except in very rare cases, is futile and indeed may be harmful; be that as it may, the law is very definite that the 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 the excess was considerable and shocks the conscience of reasonable men." Submissions by Counsel

Addressing the magistrate on accused's behalf, Mr. Vialoux asked that he should be admitted to probation. His wife and five other children, whose ages ranged from three to 12, would suffer, counsel submitted, if accused were sent to gaol or fined. There was the further consideration that knowledge of his father's imprisonment would have a harmful effect on the son concerned. " The infliction of a fin© or admittance to probation would bo inappropriate," said the magistrate, "and I find it necessary to impose, a term, of imprisonment which, I am satisfied, cannot be considered by reasonable people as excessive. After mature consideration, I fix that term at three weeks with hard labour."