ID :
56926
Wed, 04/22/2009 - 21:08
Auther :

'Subliminal forces' made father kick son




A father who kicked his defenceless three-year-old has been spared a jail term
because "subliminal forces" triggered the assault, a South Australian judge says.
Troy Galffy pleaded guilty to recklessly causing serious harm, an offence carrying a
maximum penalty of 19 years jail.
SA District Court Judge Sydney Tilmouth on Wednesday jailed Galffy for 29 months but
suspended the custodial sentence.
Galffy kicked his three-year-old son in October 2006, causing a lacerated liver and
facial bruising, the judge found.
"There is no doubt that you must have kicked him with substantial force," Judge
Tilmouth said.
"This was a forceful kick delivered by a strong man against a defenceless toddler
and as such was always inherently likely to cause serious injury."
Galffy kicked his son after the toddler was curious to find out who had knocked on
the door of their northern Adelaide house, the judge said.
"You unjustifiably over-reacted to a very minor situation, which exhibits an
appreciable lack of all self-control," he said.
"However, below the surface there were quite unusual dynamics at work.
"It has emerged that you suffered childhood abuse, as did your mother.
"This was asymptomatic, but brought to the surface on this occasion, producing
intense anger, overcoming normal cognitive processes, to the point that it caused
you to strike out with more force than you should have.
"But for these considerations, your actions would be wholly inexplicable.
"This offence was triggered by unexpected and subliminal forces springing from an
otherwise insignificant event."
Galffy had undergone therapy, including anger management and a violence intervention
program, and felt "shame and guilt" since the incident, Judge Tilmouth said.
He suspended the jail sentence, noting Galffy was the "sole breadwinner" for the
family, who wished for him to return home.
Judge Tilmouth ordered Galffy enter into a three-year good behaviour bond.



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