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James Mason and his son - Source: ONE News -
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A Christchurch musician convicted of assaulting his four-year-old son says he should have been charged with two counts of assault, not one.
James Louis Mason was last year found guilty in the Christchurch District Court of punching his son in the face and pulling his ear in December 2007.
At the Court of Appeal in Wellington on Tuesday, Mason, who represented himself, says the assault charge had two separate elements - the punch and the ear-pulling - and should have been two different charges.
At trial, Mason denied punching his son but says he did grab his hair and flick his ear.
The jury was told that only one element was required for a guilty verdict.
on Tuesday, Mason says he would have preferred two separate charges so it was clear what he was convicted for. He also "had an issue" with police processes.
Mason says he was initially warned by police and told he would not be prosecuted.
Once the police had shown discretion they should not "go back on it" and lay charges, he says.
Mason also questioned the impartiality of one juror whose cousin was married to a police officer involved in the case.
Crown prosecutor Megan Ball says Mason's narrative of events was not consistent and was rejected by the jury.
Justices William Young, Grant Hammond and David Baragwanath reserved their decision.
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