The sentencing today of Christchurch dad James Mason provides some clarity over the boundaries of the so-called anti-smacking legislation, say police.
The musician escaped jail for punching his four-year-old son in a case widely seen as a test of the new law, with Mason publicly claiming he had done no more than administer a flick on the ear.
The 49-year-old was sentenced in Christchurch District Court to nine months' supervision and ordered to undergo anger management courses after earlier being found guilty of assaulting his son.
He was acquitted of two other charges of assault in respect of the four-year-old and another son.
Christchurch central area commander Inspector Derek Erasmus said that some media had incorrectly portrayed what was a "straightforward case of an assault", reported by concerned witnesses, as a challenge to a parliamentary law.
"Mr Mason was seen by two very credible witnesses to punch his child and he was subsequently charged with this offence."
The sentencing reflected the concern of the judge, jury and the public who witnessed the incident, Mr Erasmus said. The jury deliberated for 9-1/2 hours on May 19, before returning the guilty verdict.
In sentencing, Judge Michael Crosbie said: "This is not a case that would have been dealt with any differently prior to the legislation being changed."
Outside the court today, Mason continued to deny pulling his son's ear.
Defence counsel Elizabeth Bulger had sought a discharge without conviction. Judge Crosbie said the case was described by the Crown as an inappropriate response in a stressful parenting situation.
The children had gone down a ramp on a bridge on their bikes and one had fallen and hurt his head. They were then scolded and one of them was assaulted by Mason, the jury found.
