FREDERICTON — A New Brunswick father sentenced to 45 days in jail for severely spanking his six-year-old son is appealing the ruling.
Court heard the 46-year-old man spanked the boy hard enough to leave bruises when the boy and two of his young siblings were on a weekend visitation in May 2008.
The man was originally sentenced to nine months probation when he pleaded guilty last year to assault causing bodily harm. But the sentence was increased to 45 days when the Crown won an appeal last month before the Court of Queen’s Bench.
The man, whose identity is being withheld to protect the victim, is now taking his case to the province’s highest court, the New Brunswick Court of Appeal.
Defence lawyer Patrick Hurley has filed a notice of appeal seeking the restoration of the original sentence.
Hurley argues Court of Queen’s Bench Justice Paulette Garnett erred by failing to apply the correct standard of review.
As well, Hurley suggests there were no errors in the original sentencing to allow Garnett to hand down a substitute sentence.
Hurley’s notice also contends the 45-day jail term is “demonstrably unfit,” given the circumstances of the case.
Crown prosecutor Cameron Gunn has argued that parents who use excessive force in disciplining their children should face jail time.
