Navy veteran, from St George area, sentenced for hitting son with belt

A father has claimed he used “reasonable punishment” when he hit his young autistic child with a belt.

A father from the St George area has been sentenced after he hit his seven-year-old son with a belt. Picture: Ashleigh Tullis

A navy veteran of more than 20 years has avoided jail after he struck his seven-year-old autistic son on with a belt, a court has heard.

The father, who cannot be named to protect the child, was sentenced in Sutherland Local Court on Thursday after he was found guilty of common assault and contravening an apprehended violence order following a hearing.

The 45-year-old man hit his son, with force, using his belt, on October 15, 2021 at their home in the St George area.

The court heard the assault arose after the son bent back his sister’s fingers, which caused her distress.

Under the law, when a person is charged with an assault arising out of the application of physical force to a child, it is a defence if the force was applied for the purpose of punishment if it was done by the child’s parent or someone acting for their parent.

The man was sentenced in Sutherland Local Court.

It is also a defence if the physical force was reasonable, having regard to the age, health, maturity or other characteristics of the child and the nature of the misbehaviour or other circumstances.

Magistrate Hugh Donnelly found the man did not act in a reasonable manner when disciplining his son who was seven years old and immature.

Mr Donnelly found the child’s misbehaviour did not warrant the use of belt given the boy’s actions did not leave a lasting injury on his sister.

He said there was “degree of violence” and a “breach of trust”.

Defence lawyer Pasquale Centraco said the child was a “handful” at the time and it was only following the offence that he had been diagnosed with autism.

Mr Centraco submitted his client’s motivation to discipline his son made the offending less serious, especially because the man had previously tried to teach his son not to hurt his sister.

The court heard the man had a “distinguished” military career of more than 20 years where he had served in Afghanistan and The Gulf, had received several medals, and was a person of good character.

Mr Centraco said the man would not be able to return to his career.

Mr Donnelly said the man had shown “no remorse” and had indicated he would use punishment again in the future.

The court heard the man’s children had been removed from his care and he was only to have supervised contact with them.

He claimed had caused him anguish and his mental health had deteriorated, and had sought treatment from a psychologist.

Mr Donnelly said a question remained as to whether the man would reoffend again if he “continued to hold an attitude of defiance towards the unreasonable use of physical discipline”.

The man was placed on an 12-month intensive correction order where he must complete 350 hours of community service.