It is anticipated that this new offence/legislation will pass through parliament in the early sittings of 2014. 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. They determined the following: 0 %

MELBOURNE VIC 3001. However, mandatory sentencing will not prevent or deter “coward punch” assaults. Prevent judicial officers from exercising mercy in cases that do not fit within one of the prescribed "special reasons" (for example, where an offender without a prior criminal history may have acted out of character and/or when drug affected, and is otherwise a law-abiding citizen in gainful employment and a provider for his or her family); Provide a disincentive for offenders to plead guilty (and also provide an incentive for offenders to appeal), which will only put further pressure on Courts which are stretched to breaking point, and see witnesses and families of the deceased having to be drawn into protracted court proceedings; and. The intention of the Sentencing Act in these type of cases was for a minimum non parole period of 10 years! 12% of coward’s punches result in death. ABN 23 236 210 735 Change the Coward Punch Laws. As with the Emergency Workers Bill, the Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Bill 2014 will: Notably, the Law Council of Australia, the Victorian Bar and the Criminal Bar Association are strongly opposed to the reforms.
Property News: How to transform your home without renovating - domain.com.au. This bill includes provision for a mandatory minimum sentence of ten years imprisonment for “coward punch” manslaughter offences: that is, where a death occurs after single punch or strike to a person’s head or neck. reg no A0026497L 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)). One Punch Or Coward Punch Laws Print This Page Given the increasing number of unnecessary deaths, from unprovoked attacks on our Streets by generally intoxicated males, has prompted the NSW Attorney General, Mr. Greg Smith SC to propose amendments to the Crimes Act 1900. THE legislation was passed by the Victorian …

Watch the futuristic new series Brave New World only on Stan. Together with the complex calculation of reflecting Loveridge’s criminality for all of his offences without being “crushing”, the sentences had to be rigorously crafted through the expertise and experience of senior judicial officers. The proposed bill will be based upon the Western Australian so-called “one punch law” which carries a maximum penalty of 10 years imprisonment however, the proposed NSW offence will carry a maximum penalty of 20 years imprisonment. Although that is probably what people should do, it is naïve to believe that this will ever be the reality. Coward’s punch assaults have claimed at least 100 lives across Australia in the past 15 years.

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 Victorian government hopes the minimum ten-year sentence will flash through the minds of anyone considering throwing a punch. That is particularly so when the perpetrator is under the influence of alcohol or drugs. Perhaps the worst example is Cl 6(5) in relation to whether a strike is "unexpected" (and therefore a Coward's punch attracting the mandatory minimum 10 year non-parole period), where it provides: "The fact that the offender warned the victim of the punch or strike immediately before delivering it does not mean that the victim was expecting to be punched or struck by the offender”. Attorney-General Robert Clark has flagged that Victoria may follow the lead of New South Wales and Queensland and introduce new sentences in regard to deaths resulting from one punch, or a “coward’s punch”. On 17 August 2014, Premier Napthine and Attorney-General Robert Clark announced that the Victorian Government would be introducing minimum non-parole periods for one-punch attacks that result in death. This review needs to happen now to avoid yet another death going unpunished to the extent that the law should prescribe. Luke Bray inquest: Coroner asks wiring suspect’s wife ‘tell ... Brothers 4 Life: Mejid Hamzy death, gang ‘chaotic’. As a voluntary organisation, we survive only on your active involvement and membership. The government will introduce the law into parliament this week and expects it to be passed before this year's election. 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. The Bill seeks to enact mandatory sentencing (a 10 year mandatory minimum non-parole period for manslaughter in circumstances of a "coward’s punch/ strike" and/or in circumstances of "gross violence"). The Criminal Bar Association (which represents Prosecutors as well as Defence Practitioners) also opposed the Bill here: http://www.theage.com.au/victoria/lawyers-condemn-coward-punch-laws-20140817-10527m.html, The critique by former NSW DPP Nicholas Cowdery AM QC, where he lists no fewer than 21 problems created by mandatory sentencing, is poignant in light of the experience in New South Wales:http://www.justinian.com.au/storage/pdf/Cowdery_Mandatory_Sentencing.pdf, Liberty Victoria notes that people from across the political spectrum have strongly opposed the reforms.

The Victorian Bar made a statement here: http://www.vicbar.com.au/GetFile.ashx?file=GeneralFiles%2FMedia+Release+-+Victorian+Bar+expresses+concern+over+proposed+%27coward+punch%27+laws+-+1+September+2014.pdf. Join us today. The Bill forms part of a suite of legislation that seeks to reduce judicial discretion in sentencing including the Crimes Amendment (Gross Violence Offences) Act 2013, the Sentencing Amendment (Baseline Sentences) Bill 2014, and the Sentencing Amendment (Emergency Workers) Bill 2014. Please contact Liberty Victoria President Jane Dixon QC or Liberty Victoria Vice President Michael Stanton if we can provide any further information or assistance. Also, with multiple violent offences, the sentencing principles of accumulation, concurrency and totality had to be factored into sentencing. This review needs to happen now to avoid yet another death going unpunished to the extent that the law should prescribe. In January, the Victorian opposition promised to create a new offence of death by assault with a maximum 20-year jail sentence if elected. 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. 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. The ‘Coward’s Punch Manslaughter Law” was passed and became law on the 1st November 2014. This is a public submission and is not confidential. At the time, Mr Clark said that Victoria’s laws were … 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. [footnote 2] He stated that 'The Bill will ensure adult offender…
Esmaili became the first person to be sentenced under Victoria’s coward punch laws last year, which carry a minimum 10-year jail term, after a jury found him guilty of manslaughter. "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.". One-punch attacks have been described colloquially as "king hits", but campaigns to label them "coward punches" have gained momentum in recent years. Liberty Victoria Find out more about our policy and your choices, including how to opt-out. The Attorney General of Victoria - Martin Pakula: Change the Coward Punch Laws, The Attorney General of Victoria - Martin Pakula, This site is protected by reCAPTCHA and the Google. The insightful and measured judgment in the appeal against Loveridge’s sentence demonstrates that courts take a principled approach to sentencing, which can never be achieved through a single mandatory sentence or grid approach to sentencing. En signant ou en vous connectant via Facebook, vous accepter les conditions d'utilisation et la politique d'utilisation des données de Change.org.

THE legislation was passed by the Victorian Parliament on Thursday.

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"Too many Victorians, particularly young Victorians, have died as a result of these coward punch killers. Also, the Bill is ambiguous. The Coward Punch sentencing legislation needs an urgent review so it can be used to the full effect as it was intended. 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)). Your web browser is no longer supported. University of Newcastle provides funding as a member of The Conversation AU. Such myriad sentencing factors and principles can only be effectively combined through a process that utilises the particular expertise and experience of judicial officers. "There is no place for violence in our community, on our streets, in our pubs and nightclubs. Originally published asVic introduces 'coward punch' laws. Announcing the laws, Victorian premier Denis Napthine said: People should step back and think before they throw a punch. Attorney General, we need your action now. Bonjour !

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