One Punch Assaults refer to assaults where a person strikes another in the head and knocks them unconscious, leaving the victim at risk of further head trauma when impacting with the ground.
Introduced new legislation to:
govern offenses of these cases
impose tough penalties
Why was the law introduced?
the offender having no intentions
its normally a consequence of the offenders impulsive actions
evidence suggests victims death was neither intended nor foreseeable
Courts have faced difficulty charging someone for a deadly assault due to:
On the 31st January 2014, the Crimes and Other Legislation Amendment (Assault and Intoxication) Act in 2014 (NSW)was passed, which added two new offenses to the Crimes Act 1900 (NSW) Assault Causing Death.
If found guilty of this offense is subject to a maximum sentence of 20 years
If found guilty when intoxicated is subject to a maximum sentence of 25 years
If found guilty of this offense is subject to a minimum sentence of 8 years
The Crimes Amendment Act in 2014 also changed the Crimes (Sentencing Procedure) Act 1999by inserting a new provision in Section 21A(3) that states:
When the offender has freely chosen to ingest alcohol or another drug, their intoxication does not reduce the seriousness of their offense or the level of punishment received
New Provision in Sentencing Procedure
Reflect community standards
Define the types of offenses required for mandatory sentences
Removal of judicial judgment
Current laws such as manslaughter already exist
Intoxication is not considered as a mitigating factor
FOR & AGAINST
NEW OFFENCES TO THE CRIME ACT 1900S
Overall the law states in NSW, offenders who are intoxicated during such an attack must be sentenced to at least eight years in prison. However, there is no mandatory minimum sentence for those who were not intoxicated at the time. Increasing penalties does not deter people from committing a crime. Most offenders do not act rationally; they act impulsively, and many are affected by alcohol or drugs. Laws that aim to restrict offenders for longer periods are unfair as they apply to some people who would not have reoffended.
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