A Kandos man charged with assaulting a child in what was described as over-disciplining, was jailed for 12 months with a non-parole period of six months when he was sentenced in Mudgee Local Court on Wednesday, November 23, 2016.
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James Stewart, aged 30, of Angus Avenue, Kandos, was charged with ‘Common assault (Domestic Violence)’.
The incident occurred at 12.25pm on Saturday, September 24, 2016, in Angus Avenue after the victim had a mishap while pushing a stroller.
While they were on the ground Stewart kicked them in the torso so hard it moved them back about a foot, the incident was captured on a nearby store’s CCTV footage.
His solicitor, Tom Flynn, told the court “it was quite a disturbing incident prior to my client’s assault” and that he “overreacted in disciplining the child responsible”.
Magistrate Terry Lucas said it was “the lowest of assaults against a child” and that there was no other option to jail because Stewart was on parole at the time of the offence.