Dr Napthine does not expect the proposed law to increase the strain on Victoria's crowded jail system, saying it is designed to act as a deterrent. "There is no place for violence in our community, on our streets, in our pubs and nightclubs. Coward punch penalties: laws should change in response to evidence, not outrage ... in Queensland it is 14 years and in Victoria it is 15 years. The court emphasised that “attention must be given to the particular case before the sentencing court” and: … it is unhelpful to speak in terms of a range of sentences, or tariff, for a particular form of manslaughter. The age of one- punch victims was - higher in the post 2012 cases, with most victims aged between 51 and 60 years of age (our Liberty Victoria is strongly opposed to the Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Bill 2014. Although that is probably what people should do, it is naïve to believe that this will ever be the reality. The synthesis of the gravity of the offences and the features of the offender had to be carefully considered with all of the relevant purposes of punishment and principles of sentencing. As a voluntary organisation, we survive only on your active involvement and membership. The court observed that “it is not meaningful to speak of one-punch or single-punch manslaughter cases as constituting a single class of offences” because of the wide variation in circumstances of these cases. Of course while the Courts honour the convention not to criticise Parliament, it must be recognised that this represents a significant shift in power and an attack on judicial discretion. Luke Bray inquest: Coroner asks wiring suspect’s wife ‘tell ... Brothers 4 Life: Mejid Hamzy death, gang ‘chaotic’. This shows we all have a voice, we can be heard and we have made a … It is important to acknowledge that this legislation all combines to whittle away the power of the Courts in a manner never before seen in Victoria. This may well result in inconsistent, personality driven decision-making. Unveiling the laws alongside Dr Napthine today, Attorney-General Robert Clark said offenders who commit one-punch crimes currently attract sentences of around five years.
Please contact Liberty Victoria President Jane Dixon QC or Liberty Victoria Vice President Michael Stanton if we can provide any further information or assistance. "What she had to say was very striking, very persuasive, very informative about the horrific circumstances people can face on our streets these days and the importance of sending a very clear and strong message.". We, the people of Victoria, call on you to review the current sentencing legislation in relation to the Coward Punch law (Sentencing Act 1991 - 9C (3)). ROLL THE DICE. The proposed law change comes after the NSW government passed eight-year minimum mandatory sentencing laws in January for fatal one-punch assaults if alcohol or drugs are involved. These observations accentuate the misguided nature of this new mandatory sentencing law for that particular offence category in Victoria. Liberty Victoria is Australia's longest serving organisation defending and extending civil and human rights.
We have an expectation that the justice system should be representing what society feels is appropriate and a very strong message needs to be sent out as the justice system is falling well short of what is expected. Such myriad sentencing factors and principles can only be effectively combined through a process that utilises the particular expertise and experience of judicial officers. The decision last month by the NSW Court of Criminal Appeal to significantly increase the sentence imposed on Kieran Loveridge for the “coward punch” manslaughter of Thomas Kelly highlighted the importance of a principled approach to sentencing. Copyright © 2010–2020, The Conversation US, Inc. Associate Professor of Criminal Law and Evidence, University of Newcastle. Originally published asVic introduces 'coward punch' laws. Sentencing Amendment (Coward’s Punch Manslaughter and Other Matters) Bill 2014. The crackdown will also hit with the mandatory ten-year jail term anyone convicted of manslaughter in a gang attack. Thugs who kill people with a single blow, or a "coward punch", will face a decade behind bars under new sentencing laws to be introduced in Victoria. This follows similar legislation in NSW creating a mandatory sentence of eight years imprisonment for the new offence of alcohol or drug-fuelled assault causing death. Find out more about our policy and your choices, including how to opt-out. The court strongly denounced Loveridge’s reprehensible conduct and stressed the need for: … an emphatic response to give particular effect to the need for denunciation, punishment and general deterrence. MELBOURNE VIC 3001. Violent killer Bassam Hamzy and the origins of Brothers 4 Life, The brutal shot that took 54 years to apologise for, Second person charged over alleged hit-and-run of volunteer fiery, Victoria's Chief Health Officer to clarify evidence in hotel quarantine inquiry, Breaking news and live updates: 'Major' COVID-19 outbreak in NZ quarantine hotel; SA opens border to NZ; Restrictions may end sooner than planned in Victoria; AFL star in quarantine ahead of grand final, 'He was always selling, even up until the moment we went into the White House', Australian Defence Minister takes aim at China in all but name. Watch the futuristic new series Brave New World only on Stan. The Victorian government’s introduction of the Sentencing Amendment (Coward’s Punch Manslaughter and Other Matters) Bill 2014 this week has again sparked debate about the deterrence value and general utility of mandatory sentencing. Thugs who kill people with a single blow, or a "coward punch", will face a decade behind bars under new sentencing laws to be introduced in Victoria. The sentence will apply whether the death is caused by the punch, or by the victim striking his or her head in the fall. Mr Clark said Caterina Politi, the mother of David Cassai who was killed with a blow in Rye in the early hours of New Year's Eve in 2012, was among the people he spoke to before announcing the laws. "Too many Victorians, particularly young Victorians, have died as a result of these coward punch killers. We have seen a decline in younger onepunch victims.
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