Neill Leitch was discharged without conviction after assaulting a child he was caring for through his work. PHOTO: GREGOR RICHARDSONA care worker who lost his job for smacking a disobedient child at work has avoided a mark on his criminal record. The eldest child had been provoking the younger two and Leitch took one of them, a 7-year-old boy, for his bath. But the child strongly protested and kicked out at the defendant and used a racial slur before biting Leitch. Judge Smith granted Leitch a discharge without conviction and ordered him to pay court costs of $130.