Guilty of assault on pupil
A SCHOOL 'mentor' has been found guilty of assaulting an 11-year-old boy in a Bristol playground.
Darren Smith, 39, a member of school support staff, denied grabbing a Year 7 pupil by the back of the neck and pushing him against a wall.
He was found guilty by magistrates yesterday but is now appealing against the conviction.
Smith, of Hermitage Road, Staple Hill, was given a 12 month conditional discharge and must also pay £250 costs.
The 11-year-old boy, whom the Evening Post cannot identify, said Smith grabbed his neck and squeezed it, causing soreness and two red marks.
During the trial Bristol Magistrates' Court heard that two teachers, as well as the boy's parents, had seen the marks, said to have been caused by Smith.
Giving evidence, Smith admitted touching the base of the boy's neck, but claimed it was a technique he had learned while living in China, which was meant to have a 'calming' effect on the boy. He claimed he did not push the boy against the wall, just talked to him.
Smith said the incident occurred after he saw the boy walking into the school playground when he should have been in a lesson.
Mike Wynter, defending, argued that Smith had not used 'unlawful force' and that his actions were lawful under the Education and Inspection Act 2006.
He said Smith had a difficult upbringing but had turned his life around and had been working in the school's gym to try to make a difference to pupil's lives.
He said: "He is passionate about helping and developing the minds of young people.
"His actions were reasonable, proportionate and were lawful."
Michael Hartnell, prosecuting, told magistrates the Crown believed Smith's actions were 'unnecessary, inappropriate and excessive'.
The chairman of the bench told Smith: "You admitted you laid your hands on the boy. Any force used must be reasonable but the bench considers that this criteria was not met."
The magistrates said they did not feel it was appropriate that compensation was paid to the boy.







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