The appellant, Christopher Hunt, appealed his conviction for assaulting his daughter and his suspended sentence.
The trial judge had found that the force used was not minor corrective force of a transitory or trifling nature, thus not falling under the s. 43 Criminal Code defence.
The appellant argued errors in the application of s. 43 and in the sentencing judge's finding that a discharge was inappropriate due to deterrence.
The court dismissed both appeals, upholding the trial judge's findings on corrective force and affirming that a discharge was not in the public interest given the aggravating factors and the need for denunciation and deterrence under s. 718.01 of the Criminal Code.