State v. Kikuta

Opinion of the Court by

ACOBA, J.

We hold that (1) an instruction on Hawaii Revised Statutes (HRS) § 703-309 (1993) (parental discipline defense),1 is not per se precluded by the fact that substantial bodily injury occurred; (2) as with other defenses, an instruction to the jury on the parental discipline defense must be given so long as there is some evidence in the record to sup*81port each element of the defense, no matter how weak, inconclusive, or unsatisfactory that evidence may be; and (3) an instruction on HRS § 707-712(2) (1993) (mutual affray) must be given along with an instruction on…