Father discharged over alleged assault on son

File photo / NZH

A Christchurch father has been discharged without conviction before trial over a case that could have tested New Zealand's anti-smacking laws.

The discharge under section 106 of the Criminal Justice Act on a charge of assaulting his four-year-old son was granted by Judge Raoul Neave in Christchurch District Court, The Christchurch Court News website reported.

The father has also been given permanent name suppression.

The case had been heading for a jury trial later this year, but defence counsel Jonathan Eaton successfully argued for the discharge.

The judge ruled there was doubt about the competing accounts of the incident at a circus in North Hagley Park in January, with police alleging a slap and the father saying he had only pushed the boy.

The boy is diagnosed as having behavioural problems and it is understood the incident took place when he threw a tantrum while the family was at the circus.

After the man was charged he was not allowed contact with the boy but the bail condition was relaxed after the court was told that the boy was distressed at the separation from his father.

Before the discharge application was heard, an expert prepared a report on the boy's behavioural difficulties.

"The family are working with the appropriate agencies to deal with the issues identified," Mr Eaton said.

- NZPA