UNLAWFUL ASSAULT LAWS PROPOSED The NSW Government is proposing to introduce a new offence to cover situations where an unlawful assault causes death, Attorney General Greg Smith SC said. “The proposed bill will be based on a Western Australian so-called “one punch law” which carries a maximum penalty of 10 years – the laws I am proposing for NSW will carry a maximum penalty of 20 years imprisonment,” Mr Smith said. “The new offence and proposed penalty will send the strongest message to violent and drunken thugs that assaulting people is not a rite of passage on a boozy night out – your behaviour can have the most serious consequences and the community expects you to pay a heavy price for your actions.” “There is community support for creating an offence which explicitly recognises situations where an assault directly or indirectly causes the death of a person. It will also provide clarity about the appropriate charge in ‘one punch’ situations.” “I have this morning briefed the Coalition party room, my colleagues are supportive of the government drafting a bill on this issue, and I hope to be able to bring it before the parliament in the new year.” The proposed offence will be similar to that in section 281 of the Western Australian Criminal Code, which states: (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. The offence of manslaughter remains available for assaults where there is a foreseeable risk of serious injury, while the proposed new offence will apply to any assault which results in death.
Posted on: Tue, 12 Nov 2013 21:26:39 +0000
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