Mackay father charged with assaulting daughter
A father who has argued he delivered ‘domestic discipline’ after he allegedly ‘lost his cool’ with his daughter has sought freedom after a night in jail.
Police & Courts
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An Andergrove father accused of an aggravated assault against his own child after he allegedly “lost his cool” has been granted bail, but is not able to contact his daughter until the case is finalised.
A Mackay court heard the dad may argue “domestic discipline” over the allegations.
It is alleged the incident involved strikes to the child’s leg.
The man, who cannot be named for legal reasons, is charged with assault occasioning bodily harm (domestic violence) against his daughter and breaching a domestic violence order (aggravated offence) on March 4.
The maximum penalty for anyone convicted of aggravated assault occasioning bodily harm in Queensland is 10 years jail.
The man first appeared via videolink from Mackay watch-house on August 23.
Mackay Magistrates Court heard the man was in a show cause position, meaning he had to prove why his continued time in custody was unjustified.
During a bail application, defence solicitor Aaron Sellentin, of Barron and Allen Lawyers, said there was a bail address available.
Magistrate Damien Dwyer said he was “minded towards bail” but elsewhere.
“There’s children there and this is for him (allegedly) losing his cool,” Mr Dwyer said.
“It would seem he’s raising a defence of discipline … as a possibility … but it’s conceded that perhaps … he went too far.
“So I’m not prepared to leave him with children … until something is done.”
Under Queensland legislation “it is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under the circumstances”.
The court heard a protection order was made in February this year, with the alleged assault and breach occurring the following month.
The bail application was adjourned until Wednesday so an alternative bail address could be supplied.
A new address was provided on Wednesday and Mr Dwyer granted bail, but the conditions include no contact orders against his daughter while the matter is before the court.
The court heard the man planned to apply for Legal Aid for his matter.
The case was adjourned to a date in September for mention.