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Father forced to write essay

Conditional sentence handed down for assault

Colleen Moore
Northern News Services

Yellowknife (Sep 29/03) - A man convicted of assault for spanking his 14-year-old daughter must write a 2,500 word essay as part of his sentence.

In Territorial Court Friday, Judge Brian Bruser sentenced the man to a 12-month conditional sentence and also ordered him to undergo anger management counselling.

In the essay, the man must address ways to reconnect with his daughter, who no longer lives at home. Under Section 43 of the Criminal Code, parents may hit their child so long as the use of force "is reasonable...and for the purpose of correcting the child."

"What occurred was an attack on your daughter," said Bruser. "It was punishment fuelled by anger and despair."

The crime occurred May 26, when the man discovered empty beer bottles and cigarette butts in his daughter's room. When he returned home from a shift late that night, he entered his daughter's room, and slapped her repeatedly on the backside.

One of the issues in the case was whether or not the 14-year-old daughter can actually be considered a child. Crown prosecutor Mike Eweson argued that a child refers to any person who has not reached the age of majority, 18.

In a joint sentencing submission, the Crown and defence lawyer Emerald Murphy noted the strained relationship between the father and daughter and recommended the conditional sentence.

"This action was very much out of character for my client," said Murphy, adding the 48-year-old man has no previous convictions of violence.