The NSW Supreme Court has overturned a Local Court
Magistrate's decision to dismiss
assault charges and an
apprehended violence order brought against a school teacher for
striking an unruly student, as he was found to have based his
decision on emotion rather than the law.
The story
Let's take a step back to the early afternoon of Tuesday, 9
March 2021, when school teacher Emma Tiller was instructing a class
of Year 2 students.
Just before the school day's end, one of her students, a
7-year old boy who was new to the school, was collecting pattern
blocks from the floor and putting them in a box when he took a
number of them, fashioned them in front of his crotch in the shape
of male genitals and waved them "really close" to another
child's face.