This article was last updated on April 16, 2022
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The high court of New Brunswick commands another trial for a father accused for beating and spanking his disobedient son. The father was sent to prison back in 2009 after he dragged his six-year-old son out of a car in Fredericton to hit him for not wearing seatbelt, jerking the car seats, and yelling.
The advocates of the New Brunswick Court of Appeal polled 2-1 to permit the petition.
Justice Richard Bell and Justice Wallace Turnbull voted in the favor of father’s appeal, reasoning he gave evidence for constantly advising the child to stop misbehaving or otherwise he would beat him. Father said that he smacked his own leg quite a few times to scare the boy.
According to Justice Bell, “In this case the trial judge’s sole basis for convicting the appellant flowed from the duration of the punishment. In my view she applied a subjective standard by delegating to an onlooker the determination of guilt or innocence.”
Moreover, he said the trial judge made an error by misusing the rational doubt standard and by affecting a subjective standard in her reflection of whether a part of the Criminal Code that allows parents and teachers to physically correct children if the power doesn’t surpass what’s sensible under the conditions pardoned the father of illegal liability.
He says, “Importantly, the trial judge concluded that the appellant administered the punishment by way of correction.”
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