The Defence of Domestic Discipline (QLD)

Section 280 of the Criminal Code Act 1899, makes it lawful for a parent or carer to use such force to a child as is reasonable in the circumstances for the purposes of correction, discipline, management or control. This can be used as a defence against a charge of assault in some circumstances.

Who May Rely on The Defence?

A person charged with assault may rely on this defence if they were a parent or carer of the child.

What the Prosecution Must Prove

The prosecution must satisfy beyond a reasonable doubt that:

• the defendant’s actions were not by way of correction, discipline, management or control of the person’s child; or
• that the force used was not reasonable.

If the prosecution cannot prove the above elements, the defendant is entitled to be acquitted.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.