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ARTICLE · 17 MARCH 2023

NSW Supreme Court overrules Magistrate's ‘emotional" decision

The Magistrate's judgment was considered to be based on emotion rather than an application of the law to the evidence.

AustraliaLitigation, Mediation & Arbitration

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.

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