[Greens-Media] Media release: One punch lawmaking is more bad policy

[David Shoebridge]

Media release

11 November 2013

The O'Farrell Government is rushing to introduce so-called "one-punch" laws in a knee-jerk response to another alcohol fuelled tragedy in Sydney's Kings Cross.

It seems likely the laws will be based on the WA "unlawful assault causing death" laws which were introduced in 2008. Section 281 of the Criminal Code 1913 provides that:

(1) If a person unlawfully assaults another who dies as a direct or indirect result of the assault, the person is guilty of a crime and is liable to imprisonment for 10 years.

(2) A person is criminally responsible under subsection (1) even if the person does not intend or foresee the death of the other person and even if the death was not reasonably foreseeable.

Greens MP and Justice Spokesperson David Shoebridge said:

"There are very large potential implications for this law, and these need to be understood before we rush to legislate.

"These laws would potentially cover even the very slightest unlawful touching, and if a terrible unforseen consequence resulted, produce a very harsh outcome.

"These laws will do nothing to stop alcohol fuelled violence across NSW. Fixing that should be the first task of this Government.

"Once again we are seeing law reform directed by the editorial pages of the Daily Telegraph rather than considered government reviews.

"This matter should be referred to the Law Reform Commission to consider what, if any, changes should be made.

"The focus should be on preventing these assaults, something that requires long term planning and a commitment to evidence based policy making rather than just more knee jerk law and order announcements" Mr Shoebridge said.

Media comment: 9230 3030