The Defence of Domestic Discipline
Section 280 of the Criminal Code Act 1899, makes it lawful for a parent or carer to use such force to a child as is reasonable in the circumstances for the purposes of correction, discipline, management or control. This can be used as a defence against a charge of assault in some circumstances.
Who May Rely on The Defence?
A person charged with assault may rely on this defence if they were a parent or carer of the child.
What the Prosecution Must Prove
The prosecution must satisfy beyond a reasonable doubt that:
- the defendant’s actions were not by way of correction, discipline, management or control of the person’s child; or
- that the force used was not reasonable.
If the prosecution cannot prove the above elements, the defendant is entitled to be acquitted.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
About Armstrong Legal
For more than 30 years, Armstrong Legal has been guiding Australians through serious legal matters as a national law firm. We now have a legal team working across several states and territories in areas such as criminal law, corporate crime and traffic law.
We have lawyers who appear in Court almost everyday, bringing valuable, real-world experience to a broad range of cases. Our team can provide legal guidance for matters like assault offences, drug charges, fraud and more, so you can be confident you're in good hands if you're searching for "defence legal", "traffic lawyers port macquarie" or "traffic offence lawyers parramatta".
Our 24/7 phone line for criminal matters connects you with a lawyer, so urgent advice is available when you need it most. Our team can assist you with any aspect of criminal or quasi-criminal law, whether your search included "drink driving lawyers Cairns", "top criminal defence", "first offence drug driving QLD" or other terms, so reach out to us by phone call or online enquiry today.