tag:blogger.com,1999:blog-6671521.post4975640031004421651..comments2023-10-26T05:03:32.201+13:00Comments on BIG NEWS: Unknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6671521.post-90161435772408757242009-05-21T02:30:32.335+12:002009-05-21T02:30:32.335+12:00No what Deborah Morris -Travers says is the new la...No what Deborah Morris -Travers says is the new law makes it clearer for <I>judges and juries because of the removal of the legal defence</I>. She is making stuff up.<br /><br />This is because there is has no evidence to make that claim because nobody has appeared before that judge and jury to demonstrate that clarity, because(a) their case has been upgraded to assault - ie not correction or reasonable force - where Section 59 would not apply and never did apply, or (b) they have not been prosecuted so they haven't appeared before the court to test Section 59.<br /><br />So she's making stuff up. Needs to try a little harder with a better argument.Swimminghttps://www.blogger.com/profile/12913329810121951824noreply@blogger.comtag:blogger.com,1999:blog-6671521.post-31677471936414521552009-05-21T01:00:51.049+12:002009-05-21T01:00:51.049+12:00I agree S59 - old or new - isn't strictly relevant...I agree S59 - old or new - isn't strictly relevant in the case of a person/parent punching a child in the face. But that isn't what Deborah Morris-Travers was saying. <br /><br />I'm assuming you have read the new legislation, Dave. It does "make it clearer" than the old law, just as Deborah Morris-Travers says. <br /><br />I include the text below. This is far and away more clear than the old S59 was. <br /><br /> S59 – What the law now says<br /><br />59 Parental control<br />(1) Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose<br />of —<br /><br /> (a) preventing or minimising harm to the child or another person; or<br /><br /> (b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or<br /><br /> (c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or<br /><br /> (d) performing the normal daily tasks that are incidental to good care and parenting.<br /><br />(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction.<br /><br />(3) Subsection (2) prevails over subsection (1).<br /><br />(4) To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to<br />an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.Steve Withershttps://www.blogger.com/profile/04221815213521767405noreply@blogger.com