Another of the Crown s arguments was that as the spanking was done in a public place it was not justifiable. The judge, in rejecting the Crown's argument, decided that the place of the spanking was just one of the many factors to be considered in determining whether the punishment was reasonable. The charge of assault was dismissed. But her evidence brings into sharp focus the differing views that exist in contemporary society on the subject of child discipline. A judge applies the law.
Parliament makes the law.
This case involved an appeal to the High Court against a conviction for assault. Mr Erick severely disciplined his six year old son causing extensive, though not permanent, injuries. Using a belt, he had struck him on the face and back at least ten times with considerable force. Mr Erick, a Nuiean Islander, contended that what he had done was in accordance with his culture. Evidence was given by a number of witnesses that severe corporal punishment was normal part of Nuiean family life.