The Case of Mrs A: When Discipline Crosses the Line — But the Law Still Listens
What happens when discipline goes too far – but for the right reasons?
This is the story of one mother who found herself in Court for doing what she thought was right, and how our Parramatta Criminal Legal team branch helped her avoid a harsher sentence despite the odds.
The Incident: When Parenting Meets Panic
Mrs A and her partner – the child’s stepfather – were raising two children in western Sydney. One afternoon, they caught her young son and his sister engaging in clearly inappropriate sexualised behaviour.
The stepfather reacted impulsively.
In a state of distress and anger, he smacked the boy on the buttocks. The mother, also upset, did the same. The child did not tell anyone at the time. But three days later, his school teacher noticed a visible bruise on his bottom and made a report to police.
Soon after, Mrs A and her partner were each charged with assault occasioning actual bodily harm (ABH) – a serious criminal offence carrying a maximum penalty of 7 years imprisonment under section 59 of the Crimes Act 1900 (NSW).
The Legal Position: Why We Couldn’t Run a Full Defence
The initial question for our team was: could this be defended under the “lawful correction” provisions of Section 61AA?
The answer was clear: no.
Section 61AA(1) allows a parent to use reasonable force by way of punishment. However, the bruise observed by the teacher after three days disqualified the act from falling within the protection of the defence. The law is strict – force that causes harm lasting more than a short time is not “reasonable.”
We advised Mrs A that proceeding to a defended hearing would almost certainly result in a finding of guilt, given the evidence and a harsher penalty.
What We Did: Shifting the Facts, Shaping the Sentence
Instead of defending the charge, we took a strategic approach.
Led by Michael Moussa, Principal of National Criminal Lawyers®, our team entered early negotiations with NSW Police to amend the police fact sheet. This is the document a Magistrate reads before deciding how to sentence an accused person.
Why was this important? Because the original police facts included emotionally charged and aggravating language – suggesting cruelty, intentional harm, and ongoing trauma. This framing would have prejudiced the Court and exposed Mrs A to a severe penalty.
After careful discussion, we succeeded in having the facts amended to:
- Remove language that implied sadism or prolonged harm;
- Clarify and include the context of the offending – namely, the child’s highly inappropriate behaviour; and
- Note that the incident was isolated and not part of a pattern of abuse.
Michael Moussa’s Sentencing Submission: Context Matters
At the sentencing hearing, Michael Moussa made detailed submissions to the Court, highlighting that while the offending was not excused, it was clearly explained by the distressing situation the parents were placed in.
He referred directly to Section 61AA(1)(b) of the Crimes Act 1900, which requires the Court to consider (amongst other things): “the nature of the alleged misbehaviour or other circumstances.”
Michael submitted:
“The child’s conduct that day was alarming. It would have shocked any reasonable parent. While the response crossed the line and resulted in injury, the motivation was rooted in fear, confusion, and a desire to protect – not harm.”
The Magistrate accepted this as a powerful mitigating factor.
The Outcome: A Just Result Without a Conviction
Despite the seriousness of the charge, the court accepted the context of the offending, the absence of any prior criminal history and Mrs A’s genuine remorse and parental concern.
Mrs A received a Conditional Release Order (CRO) without conviction, meaning she avoided a criminal record and parenting rights were preserved.
This outcome was only possible because of our early intervention, skillful negotiation, and strategic submissions under Section 61AA.
Why This Matters: You’re Not Alone
As experienced Penrith Criminal Lawyers and Parramatta Criminal Lawyers, we know how complicated parenting can be – especially when emotions are running high and the law is unforgiving.
Disciplining a child may never come with a manual, but in NSW, it does come with legal limits. When those limits are crossed, even accidentally, having the right legal team can make all the difference.
Facing a Similar Situation? Get Help Now
Call 1800 CRIM LAW
Offices in Penrith, Parramatta, Liverpool, and beyond.
At National Criminal Lawyers®, we:
- Handle complex family-related assault matters;
- Negotiate police facts to minimise harm; and
- Appear in court with the skill and authority needed to protect your future.
Let us stand between you and the consequences of one difficult moment.
