A Hunter teacher who punched a student in the head during a chaotic lesson has had his conviction overturned, with a judge saying the now-63-year-old was subjected to "extreme provocation".
Michael John Kable was sentenced to a Community Correction Order in July after he pleaded guilty in the local court to assaulting the student at Maitland Grossmann High School earlier this year. A video of the incident went viral online.
In Newcastle District Court on Monday, Judge Peter McGrath granted an appeal against Mr Kable's sentence and handed him an 18-month good behaviour bond without conviction.
Judge McGrath said the assault was "serious" and the casual teacher, who had "many years of experience", should have sought help from a colleague before the situation escalated to the point of an assault.
But he said Mr Kable had been severely provoked by a group of aggressive teenagers who had a "pack mentality".
The court heard that several students, including the assault victim, began throwing things at Mr Kable as he was trying to teach.
The victim threw a bulldog clip which hit Mr Kable in the face before he shoved a desk in the teacher's direction.
As the student walked towards the classroom door to leave, Mr Kable grabbed him by the shirt and punched him once to the back of the head before he pushed him to the ground.
The court heard the student suffered no significant physical injuries.
"The court has to take into account the provocation by way of behaviour [of the students] and the assault that Mr Kable himself suffered, before eventually cracking on this day in the face of not just one but a large number of physically and verbally disruptive students," Judge McGrath said.
"Protection of students from teachers is still an important factor even when confronted with a mob, as I have said this was, of intentionally disruptive and aggressive teenagers, our community expects that teachers will not react in the way that Mr Kable did. But it also expects that [teachers] will be given appropriate support."
Defence barrister Stephen Ryan said Mr Kable had only one previous matter before the court - a speeding offence almost 40 years ago - and that references from his colleagues showed he was regarded as "clearly a person of excellent character".
"Should Mr Kable have behaved in the manner that he did? Of course not. He clearly lost control," Mr Ryan said.
"But none of us in this courtroom, or indeed in the broader community, would tolerate this sort of behaviour in our workplaces.
"We're not talking about a couple of smart Alecs in the back row calling out or anything like that - Mr Kable, himself, was assaulted prior to him behaving in the manner that he did."
Solicitor Madeleine Mulvaney, for the Crown, argued a conviction was appropriate for the assault, which was a "disproportionate response".
"He essentially should have known better than to react in such a way," she said.
"Violence in response to any antagonism by students cannot be tolerated."
