Lismore mother found guilty of common assault after hitting son with kitchen utensil, but avoids conviction

A Lismore mother has avoided a conviction being recorded after being found guilty in court of hitting her seven-year-old son with a kitchen utensil when he “misbehaved”.

The mother was found guilty of hitting her seven-year-old-son with a spoon.

A Lismore mother has avoided a conviction being recorded after being found guilty of hitting her seven-year-old son with a cooking utensil when he “misbehaved”, leaving him bruised.

“I didn’t belt my son,” she told Lismore Local Court.

“I hate smacking my children because I grew up in a violent home.”

However, the woman was found guilty of common assault on Thursday. She cannot legally be named to protect the boy’s identity as a young victim of crime.

The boy’s father told the court the mum had custody of their son and was going “off her head” when she rang asking him to pick up the boy because he was misbehaving on February 21.

The father found bruises on the child’s chest and back, the court heard. Picture: File

She said in a follow-up phone call “don’t worry, don’t come, I flogged him and put him to bed”, the court was told

The dad was concerned the mum hit the child and checked his son’s body for injuries the next day.

He noticed bruising on the boy’s chest and back. When the dad asked his son what had happened, the boy said his mum hit him with something, the court heard.

When the son gave evidence to the court, he said his mother hit him with a spoon when he was under the covers.

The woman took to the stand and said her son had behavioural issues and “doesn’t listen” to her instructions.

“When I have had to punish him, I haven’t been able to. You can’t discipline that child,” she said.

But she claimed she did not “belt” the boy and spoke of her childhood in a “violent home”.

Police prosecutor Jennifer D’Arantes told the court the mum had a criminal history which included a domestic violence offence and driving with an illegal drug in her system.

Ms D’Arantes pointed out the mum made admissions to “belting” her son when she called the dad.

“I put forth that the mother became frustrated with the child and assaulted him,” she said.

Lismore Court House. Picture: Savannah Pocock

Magistrate Michael Dakin said the mum did not have any criminal history of violence.

“The child didn’t complain to the dad about any injuries. He has challenging behaviours and can be difficult to manage,” he said.

The mother reached her “wits end” with the child’s behaviour and a cooking utensil was thrown at him, Mr Dakin told the court when he found the mum guilty.

“There was unlawful action towards the child. It occurred in the household within the presence of other young children,” he said.

Defence lawyer George Rixon said there was nothing outlining how the woman assaulted the child and the court process left the mother distressed.

Mr Rixon asked a court staff member for tissues as the mother sobbed during sentencing.

Mr Dakin acknowledged the challenging behaviour of the child, but said the woman did not show remorse.

She was sentenced to serve a two-year conditional release order without conviction.