Hawaii v. Kaimimoku

841 P.2d 1076 (1992)

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Hawaii v. Kaimimoku

Hawaii Intermediate Court of Appeals
841 P.2d 1076 (1992)

KS

Facts

One day, Henry A. K. Kaimimoku (defendant) began arguing with his wife and yelling profanities at her. The 17-year-old minor daughter of Kaimimoku and his wife began yelling profanities at Kaimimoku, telling her father to leave her mother alone. Kaimimoku then began yelling profanities at his daughter. Kaimimoku and his daughter were in each other’s faces as this occurred. Subsequently, Kaimimoku struck his daughter in the face with an open fist and punched her with a closed fist on her shoulders. The police were called. When a police officer arrived, Kaimimoku’s daughter did not show the officer any injuries; however, she reported having pain in her back and chest. Kaimimoku was arrested, and a bench trial followed. Kaimimoku asserted the parental-discipline defense under Hawaii law because he had hit his daughter for the purpose of discipline for her language toward him, her disobedience, and her disrespect. Hawaii had the burden of disproving Kaimimoku’s justification defense. Kaimimoku’s daughter acknowledged that she cursed at her father and was disobedient when he told her to stop. However, a family court convicted Kaimimoku of abusing his daughter. Kaimimoku appealed.

Rule of Law

Issue

Holding and Reasoning (Burns, C.J.)

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