A Christchurch father has been convicted of assaulting his four-year-old son after a two-day trial that was seen as a test of the anti-smacking laws.
After more than nine hours of deliberation, the Christchurch District Court jury found James Louis Mason not guilty of assault for lifting the bicycles that his two sons were sitting on, and slamming them back down.
But the third count -- which accused him of pulling his four-year-old son's ear and punching him in the face -- brought a guilty verdict at 9.30pm.
Mason had denied all charges, but said he had pulled the four-year-old's hair and flicked his ear to stop him going back into a dangerous situation on his bike on the Bridge of Remembrance ramp in central Christchurch where the younger one had fallen and hurt his head .
The incident on the ramp had not been seen by witnesses at the trial. But they had told of hearing Mason afterwards, swearing and shouting at the boys.
Judge Michael Crosbie remanded him on bail for a pre-sentence report and sentence on June 17.
He said he was only considering whether a supervision sentence should be imposed to give him anger management training.
Crown prosecutor Deirdre Elsmore handed up Mason's criminal record sheet which showed no relevant convictions.
"I can understand that verdict and that it implies acceptance of the evidence of the people who were at the scene," Judge Crosbie told the jury.
He said he would normally have dealt with Mason, a 50-year-old musician, "on the hop" in a list court, but the wait for the jury's verdict had gone on until 9.30pm.
He asked for a pre-sentence report but said he was not considering anything more sinister than the supervision and anger management.
Defence counsel Elizabeth Bulger indicated she may seek a discharge without conviction for Mason and Judge Crosbie agreed not to enter the conviction on his record in the meantime.
"I am asking for a report out of an abundance of caution and out of respect for your children, more than anything else," said the judge.
The jury had gone out at 11.51am after hearing closing addresses and the judge's summing up.
Mrs Elsmore had said it had been a short and straightforward trial involving legislation about which people tended to hold strong views.
She asked the jury members to set aside their personal views, about smacking and parental control. "This is not your opportunity to give Parliament any sort of message about whether this is a good law."
