Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Lawful Correction of a Child
Historically, the law has always acknowledged that it is acceptable for a parent to punish a child using force. Up until 2002, we relied upon judges to decide what is acceptable behaviour when punishing a child and what actions are not acceptable and therefore fall into the category of unlawful assault. In 2002, laws were put in place in New South Wales which provide clarity as to what is and is not acceptable for the purpose of lawful correction of a child. The law now sets out the circumstances in which the defence of lawful correction of a child can be raised as a defence to a charge of assault in New South Wales.
Section 61AA of the New South Wales Crimes Act sets out when a person who has been charged with an assault upon a child can raise a defence of lawful correction. To successfully rely on the defence an accused would have to prove:
- The force used on the child was for the punishment of the child;
- The force was applied by a parent or a person acting in the role of a parent;
- The force was reasonable having regard to the age, health and maturity of the child, the nature of the child’s misbehaviour and other circumstances.
The force will not be reasonable if:
- It is applied to the neck or head of the child unless it was trivial or negligible.
- The force is likely to cause harm to a child that lasts for more than a short period.
Who may rely on the defence of lawful correction of a child?
The defence of lawful correction of a child may be relied on by a parent of the child or a person acting in loco parentis. This means that a person acting in the place of a parent, someone who temporarily has the care of the child, may also lawfully discipline the child with reasonable force – for example, a smack.
A parent is defined in the Crimes Act as a person having all the duties, powers, responsibilities and authority in respect of the child which, by law, parents have in relation to their children. A person acting in the role of a parent of the child is defined to mean one of the following persons:
- A step-parent of the child, a de facto spouse of a parent of the child, a relative (by blood or marriage) of a parent of the child or a person to whom the parent has entrusted the care and management of the child, and
- A person authorised by a parent of the child to use physical force to punish the child, or who, in the case of a child who is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection Act 1998), is recognised by the Aboriginal or Torres Strait Islander community to which the child belongs as being an appropriate person to exercise special responsibilities in relation to the child.
Onus of proof
Where a person is charged with assaulting a child and advances the defence of lawful correction of a child, the accused bears the onus of proving that their actions fell within the ambit of what is acceptable behaviour under Section 61AA of the NSW Crimes Act.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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