Supreme Court overrules magistrate for acquitting teacher of pushing student

“This is a classic case of the insanity that has gripped society in the 21st century,” Clisdell said in a written judgment.

“So what do I get in court on a regular basis, I get people from a generation who never experienced discipline in school and never had it [a] report that they failed, who have never finished last in a race, come in here… and say, “What do you want, mate?”

“Is this how we want our company?”

Clisdell went on to speak about his own family and friends’ experiences as teachers, the police being called “everything under the sun” and Tiller being fired over the incident.

“The lunacy of allowing lunatics to run an asylum has become endemic in our society, and the courts are constantly criticized for not standing up for what people see as proper values,” he said.

He complained that he had jailed a mentally ill man the same day because there were no proper facilities and has now been asked to convict a teacher of assaulting an “eight-year-old juvenile delinquent”.

The judge warned that modern society was collapsing like the Roman Empire, and accepted Tiller’s evidence – that she acted sensibly to defend another child.

“Shame on the Department of Education for setting a ‘bar’ that’s impossible to meet and if they end up with no teachers it’s their own fault. THE CASE IS REJECTED, NOT GUILTY. THE AVO IS REJECTED,” said Clisdell.

The chief prosecutor challenged the decision in November last year in the NSW High Court.

Judge Sarah McNaughton said Wednesday that Clisdell’s reasoning did not provide clear insight into key parts of the allegations.

Clisdell’s failure to make relevant findings meant his decision was wrong, she concluded.

“It seems that this matter has caught on [Clisdell] in an unduly emotional way and in a way that seemed to distract him from his judicial duties,” she said, noting that the judges are under the pressure of the heavy workload.

McNaughton reversed the judge’s decision, meaning Tiller’s case will be remanded to the magistrate’s court to be tried by another judge.

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Justin Scacco

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