Due To The Recent ls One Punch
Due to the recent ‘one punch’ assaults from alcohol and drug fuelled assaults, communities have raised concern about the increase of violence in the CBD/Kings Cross area of Sydney in 2013/2014. This has led to the New South Whales Government to introduce changes to the charges of the offence in result of assault causing death. The changes surrounding the specified laws in reference to the ‘one punch/ king hit’ deaths, aim to decrease the occurrence of alcohol and drug fuelled assaults and deaths in the areas. The intense sentences and CBD precincts have been set in place to control these offences.
On New Years Eve, 2013, an 18 year old, Daniel Christie was walking through Victoria Street in Kings Cross Sydney with his brother, Peter, at about 9pm. They noticed a disturbance between a group of young males, which seemed to be about a disagreement between Shaun McNiel and his de facto wife, Sonya Walker, and the young males who were offering McNiel and Walker drugs. In declining their offer, McNiel told police that one of the young males had made a inappropriate comment in reference to Ms Walker’s appearance, so he reacted by punching and kicking the young man when he fell and hit the ground. Daniel Christie went up to where the assault was happened between McNiel and the young man and tried to break it up. However, without warning, McNiel punched Daniel. He immediately lost consciousness and smacked his head on the pavement, cracking his skull and causing colossal blunt force trauma. After testing, results had shown that McNiel had consumed copious amounts of alcohol. Daniel Christie’s life support was turned off on the 11th of January 2014, and died soon after.
On the 30th of January 2014, The New South Whales (NSW) Parliament introduced mandatory sentencing for ‘one punch’ or ‘King hit’ assaults causing death. Adding two new offences to the Crimes Act 1900 (NSW): an assault causing death, and an aggravated version of that offence if the is intoxicated at the time of performing the offence. Since the only second instance in modern history, the NSW Parliament embodied a mandatory minimum sentence ( that is also in association with the aggravated offences). The Crimes and Other Legislation Amendment ( Assault and Intoxication) Act 2014 NSW passed in both houses in Parliament, earning a royal assent and began in effect on the 31st January 2014. The bill was introduced to be a benchmark in the restraint of alcohol and drug fuelled violence in specific areas of Sydney and obstructing other individuals from violent behaviour and outbursts that led to the death of Daniel Christie.
A particular highly disputable element of the legislation in reference to the new sentences for the ‘one punch/ King hit assaults’. The new sentences are; a Twenty year maximum sentence for any individual who erroneously assaults another individual, who dies as a direct or indirect cause of the violent assault. However, if the offender is intoxicated by the consumption of alcohol and of drugs, a eight year minimum to a twenty five years maximum sentence will apply. The amplitude in regards to the assault or offence will be broadened, establishing that it examines the attire of the offender, establishing what objects that are used to hit the victim and also covers the circumstance of how and where the offender imposes extortion upon the victim, resulting in their body to fall and hit the ground or any other things or objects. The new personal aggravated violence offences causing to be devised where if the offender is intoxicated due to the consumption of alcohol and or drugs. The current maximum sentences will be insinuated and forced upon extremely grave and serious assaults of the aggravated offences. The new penalties in surrounding the ‘one punch’ law, commend existing laws of how defenceless was the victim, this incorporates; age and gender as a aggravating element that ought to be acknowledged on sentence under s21A(2)(1) of the Crimes (Sentencing Procedure) Act. The offenders I’ll be found guilty of the new offence causing death as designed by the new section 25A (1) in the The Crimes and Other Legislation Amendment ( Assault and Intoxication) Act 2014 NSW. However. these aggravated assaults and offences will not apply to the individuals who are under the age of 18 years. Juveniles will still be accountable to the 20- year maximum sentence under the ‘one-punch’ law. The law is a safeguard towards these such aggravated intoxication by alcohol or drug offences, and if the offender has a serious intellectual
during the time of them committing the offence. Mr Barry O’Farrel, Premier, and Minister for Western Sydney stated in his speech of the motion of the Liquor Amendment Bill 2014 and Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014, he states that;
The bill sets out ways in which the prosecution can prove intoxication. An accused person is presumed intoxicated if they have more than 0.15 grams or more of alcohol in 220 litres of breath or 100 millilitres of blood. Where this is not available, or where drugs are suspected, other evidence may be considered, including the concentration of alcohol or drug in a person’s breath or blood at the time of the offence and evidence from closed-circuit television footage, eye witnesses and proof.
The New South Whales Government has introduced a new CBD Entertainment Precinct, which covers various areas of Sydney, such as; Kings Cross to Cockle Bay and the Rocks to Haymarket and Darlinghurst. Alternative variations possibly can be formed to precinct barriers and/or newly formed precincts to be set in different domains that are struggling to maintain their high levels of both alcohol and drug allied disputes within their streets. Amidst the updated CBD precinct, designated licence limitations will be enforced on venues by requirement, this may consist of banning the use of glass, the limitation upon criminal motorcycle rings, the benefit of using an RSA (Responsible Service of Alcohol) marshal, and the need to use CCTV systems across the specific areas.
New South Whales Government has also set restrictions upon pubs, bars and registered clubs that are within the boundaries of the CBD precinct. They are not permitted to accept customers after 1:30pm and the service of alcohol will be required to discontinue at 3am. However, this dismisses small bars (that can attain only less than 60 patrons) restaurants and tourism accommodation establishments. For establishments that have current licenses to stay open after the ceasing of service of alcohol at 3am can remain performing, however not allowing the distribution of alcohol to patrons. On the 21st of January 2914, a media release by Barry O’ Farrell stated;
lockouts and mandatory minimums have been introduced to tackle the drug and alcohol violence.
The New South Whales Parliament has introduced changes to laws in surrounding the cease of ‘one punch’ assaults and deaths. The two changes to the Crimes Act 1900 (NSW); introduced the Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). This legislation and the new laws and regulations have been placed due to community concern of the rise of intoxicated violent assaults on the CBD/ Kings Cross areas of Sydney. The harsh enforcement of an eight year minimum and a 25 year maximum sentence to the offender may carry out media and social dispute, however NSW Parliament has put these laws in place to curb the occurrence of alcohol and drug fuelled violence and deaths. With these new changes in place and with the new CBD Entertainment Precinct, the 1:30 lockout and 3am last drinks restrictions, the community have seen a higher significance of awareness and action to decrease these violent deaths.