7th Review: Methodology and Outcomes
7th Review: Methodology and Outcomes
Methodology
The number of child assault events identified in each review period does not reflect the total number of child assault events attended by police during this time. The events are those most likely to identify incidents which might involve 'smacking', as 'smacking' in itself is not a separate offence.
Nine different offence codes were examined to identify such incidents.
The rationale used to allocate each event to a category of 'smacking', 'minor act of physical discipline', 'other child assault' involved consideration of the:
- Actual physical action used in the child assault; and
- The context and the surrounding circumstances, as outlined in the practice guidelines.
Outcomes of 7th review period
416 child assault events attended by police during this period were considered for the 7th review. 25 of these events were identified as involving 'smacking' and 38 involved 'minor acts of physical discipline'.
| Event | Number |
|---|---|
| 'Smacking' | 25 |
| 'Minor act of physical discipline' | 38 |
| 'Other child assault' | 306 |
| 'Not specified' | 8 |
| 'No offence disclosed' | 39 |
| Total | 416 |
Events classified as 'not specified' will be explored and reported on as part of the 8th review as there was insufficient information available on these events at the time of analysis for this 7th review.
Of the 25 'smacking' events one resulted in prosecution, 13 resulted in a warning and 11 resulted in other / no further action being taken. Of the 38 'minor acts of physical discipline' events, two resulted in prosecution, 12 resulted in warnings and 24 resulted in other / no further action being taken.
Of the 'smacking' and 'minor acts of physical discipline' events, files indicate that 30 events were referred to Child Youth and Family, 19 were referred to an inter-agency case management meeting (Family Violence Inter-Agency Response System or FVIARS) and 12 were referred to other support agencies.
A breakdown of referrals is provided in the following table:
| Events | Referral to CYF | Referral to FVIARS | Referral to other agency | Referral not specified |
|---|---|---|---|---|
| 'Smacking' | 7 | 6 | 3 | 17 |
| 'Minor act of physical discipline' | 23 | 13 | 9 | 11 |
Some events were referred to both CYF and another agency. 'Referral not specified' indicates that the information is not recorded on the electronic file and does not necessarily mean that a referral was not completed.
Extra information on the three prosecutions
In the current review period, Police prosecuted one 'smacking' event for a charge of Assault Child (Manually) where a child was smacked for crying and a red mark was left on the child's leg. The matter was discharged without conviction.
Police prosecuted two 'minor act of physical discipline' events during this review period. The first event resulted in a charge of Assault Child (Manually) where the child was grabbed by the waist and held around the neck. The charge was withdrawn by leave.
The second 'minor act of physical discipline' event resulted in a charge of Common Assault (Domestic) (Manually) where the victim was kicked in the back of the legs, causing him to stumble. The offender was convicted and is to come up for sentence if called upon within six months.
According to information on the electronic file, none of the defendants prosecuted for 'smacking' or 'minor act of physical discipline' events stated that the force used was reasonable in the circumstances.