Case Number

CrimA 4596/98

Date Decided

1-25-2000

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Appeal on the judgment of the Tel-Aviv–Jaffa District Court (Justice S. Rotlevy) dated 3 June 1998 in CrimC 511/95.

Facts: The appellant was convicted of offences of assault and child abuse. The acts for which she was convicted included hitting a child on his mouth, which resulted in the child losing a milk tooth. The appellant was found to have hit her children regularly on various parts of their bodies, both with her hand and with a sandal, and to have been accustomed to throw shoes at them. The appellant argued, both in the trial court and in the Supreme Court, that her use of force was for educational purposes, to curb the wild behaviour of her children.

Held: The use of corporal punishment for educational purposes is forbidden by law.

With regard to the offence of child abuse, Justice Beinisch held that a series of acts might amount to abuse, even though each act in itself might not constitute abuse. President Barak agreed with this position. Justice Englard argued, in a dissenting opinion, that the term abuse should only be applied to acts involving severe violence and cruelty and a humiliation or degradation of the victim.

Appeal against conviction on the offence of assault denied. Appeal against conviction on the offence of child abuse denied, Justice I. Englard dissenting.

Keywords

Constitutional Law -- State of Emergency and National Security, International Law -- Laws of war

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