A Ballarat father caused significant and unreasonable bruising when he smacked his seven-year-old son 10 times on the bottom for swearing.
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The 29-year-old man, who The Courier has decided not to name to protect the victim's identity, was at his house with his three children when the incident occurred on the night of December 15 and 16.
The Ballarat Magistrates Court was told on Thursday the father smacked the boy with his hand over the top of his shorts, causing a significant and unreasonable amount of dark coloured bruising.
The boy cried and walked to the toilet but the father followed, pulled his shorts down and smacked him again on the bottom with his hand.
The court was told the boy's mother, who was separated from the accused, collected her children on December 17, and while she was organising a shower for the victim, she saw his injuries.
Her son told her "Dad smacked me" because "I sweared" (sic). The mother reported the incident to police, with the boy telling them he was smacked nine times on the stairs and once in the toilet.
Defence lawyer Scott Belcher conceded his client's behaviour was "very serious and deeply concerning", but the surrounding circumstances of the offence were "highly unusual", despite his prior convictions.
He acknowledged an immediate jail term was the starting point, but urged the court to convict and fine the man to satisfy community expectations of an appropriate punishment.
Medical reports were tendered to court to demonstrate the man's brain tumor diagnosis, remorse and progress with rehabilitation.
Magistrate Leonard Brear initially indicated he would have the man assessed for a community corrections order, but accepted the defence counsel's submission.
He imposed a two-year good behaviour bond with conviction, $5000 payment Child and Family Services Ballarat and ordered to provide proof of ongoing counselling after 12 months.
The magistrate told the man a good behaviour bond was like a suspended sentence, so he must comply to avoid returning to court.
The man pleaded guilty to recklessly causing injury.
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