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Laws would punish good parents

9/07/2008 5:00:18 AM

Anti-smacking laws to punish Queensland parents who used excessive force to discipline their children could make criminals of "good parents", a Brisbane lawyer has warned.

Calls by clinical psychologists to ban smacking have been backed by state Labor MPs to eventually outlaw the practice.

However, Brisbane lawyer Michael Bosscher, of criminal defence firm Ryan and Bosscher, angrily dismissed suggestions by anti-smacking proponents that current aspects of the Criminal Code were giving violent parents an opportunity to justify physical abuse.

"This is nonsense. This is a 'balance' law ... necessary for the defence of innocent parents," Mr Bosscher said.

Under Section 280 of Queensland's Criminal Code it is lawful for a parent, or a person in the place of a parent, to use discipline management or control towards a child or pupil, if such force is reasonable under the circumstances.

"Section 280 enables parents to use moderate and reasonable force (to discipline children) where warranted and where appropriate," Mr Bosscher said.

"Never, would bruising a child, injuring a child, (or) inflicting grievous bodily harm be considered 'reasonable force'.

"Under these proposed laws, if I were to smack my young child on the bottom in public and be seen by a policeman who then charged me with assault, s280 would be my only defence.

"In that sense it is absolutely necessary to keep this law as-is."

Labor member for Murrumba Dean Wells at the weekend said a parent who bashed their child for causing damage to their car would escape criminal charges because s280 provided the parent with complete protection.

But Mr Bosscher rebuffed the notion.

"Inflicting grievous bodily harm to a child just would not be considered 'reasonable force'."

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