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Home / New Zealand

Wairarapa stepdad convicted for smacking toddler

Wairarapa Times-Age
5 Aug, 2013 06:27 PM5 mins to read

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A dairy farmer who smacked a 2-year-old on the bottom was told by the sentencing judge that, while it was once acceptable to spank a child, it was now illegal to do so.

Jessie Wayne Smith, 26, was sentenced to supervision after pleading guilty to assault on a child, when he appeared in Masterton District Court last week.

Judge Tony Walsh said it was no longer appropriate for people to smack a child.

"Years ago, no one would have turned an eye to this sort of behaviour but now we do. What you did was quite illegal."

To smack or not to smack had been debated long before New Zealand introduced laws banning smacking children in 2009. Many people, especially religious groups, claim the law takes away a parent's right to discipline their child but child advocates say smacking only breeds violence.

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That is exactly what one South Wairarapa parent, who runs groups supporting parents, believes. She says smacking reinforces violence as being acceptable.

The woman, who lives in Greytown and did not want to be named, said parents needed to learn new ways to deal with situations, instead of resorting to smacking as Smith had done.

"Usually people smack in rage. Parents need to find different ways, other tactics, to discipline their child. They need to count to 100 and walk away so they can calm down. Otherwise, they are just teaching their children that violence is okay. Just because we got smacked as children doesn't make it right. We have to find a different way to do things."

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There were many reason parents "lost it" with their child but smacking was not the answer, she said.

"If you suffer with sleep deprivation, ask for help. There is a different way to handle things because, as a role model, you need to ask yourself 'could I do this differently?'. They will mimic your behaviour."

Wairarapa Violence Free Network co-ordinator Gerry Brooking said the law was introduced to stop violence against children and was driven by such cases as that of Carterton toddler Hinewaoriki Karaitiana-Matiaha, known as Lillybing, who suffered days of violence before being killed at the hands of two aunts, and the case of Rotorua's Nia Glassie, who suffered months of abuse and neglect at the hands of extended family before being violently kicked in the head by her stepfather and his brother.

Nia was in a coma for 24 hours before being taken for medical treatment. She died days later in Starship Hospital from a massive brain injury. Many other Kiwi children have been killed at the hands of those charged with caring for them.

Ms Brooking said parents really grappled with the law but were finding new ways to discipline their children.

"It was meant as an anti-violence law. Most reasonable parents are trying to find alternative ways to raise their children without using violent measures."

Open Home Foundation chief executive Russell Martin said smacking a child was illegal and there were a raft of alternatives available for parents to use, such as diversions or time out.

Parents unsure what to do could take a parenting course to help them, he said.

"They need to get their head around this through parent education and being aware there are options to help manage children's behaviour."

In Smith's case, Judge Walsh said he had gone too far when disciplining his stepson.

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The police summary stated that on July 13 Smith was at home with his 5-year-old daughter and his partner's 2-year-old son.

While his partner was out buying food, the 2-year-old started throwing toys around his room. Smith entered the boy's bedroom and spoke to him about an incident earlier in the day where the boy had hit his mother.

When the boy laughed at Smith, he pulled the toddler's nappy down and smacked him on the bottom, with an open hand. The boy started throwing his toys around the room again and Smith spoke to him about mistreating his toys.

The child's response again upset Smith and he smacked him on the bottom again, leaving vivid red hand marks on his bottom which were still visible several days later, along with minor bruising.

In explanation, Smith said he was upset by the boy's lack of respect for his mother and his toys. He said he was also upset he had hit the boy as hard as he had and did not mean to.

Defence lawyer Peter Stevens, on behalf of lawyer Frank Minehan, said Smith was attending a parenting programme and would be starting relationship counselling.

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Smith has no previous convictions for violent offending.

The judge said Smith needed to "understand the law is quite clear that children cannot be subjected to this type of assault".

"It's clear that this little boy did get a real beating from you on this occasion and this must not happen again."

He sentenced Smith to six months' supervision and ordered him to attend a stopping violence programme.

Street View:

Parents spoken to by the Times-Age appear to believe the anti-smacking law takes away a parent's right to discipline their child.

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One man, who only wanted to be identified as Alastair, said a smack did "no harm".

"I'm not talking about beating a child just a smack on the bottom."

A Masterton woman said "some children deserve a smack on the bottom or hand for misbehaving".

Another man spoken to said teachers should also be permitted to smack children.

"It just takes away our rights and gives the children too many rights."

Martinborough's Isabella Wright said parents should be allowed to spank on the bottom but not to "belt" a child.

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