One-punch law move
SELF-INDUCED intoxication won’t be allowed as a defence for a one-punch attack under proposed new laws from the State Government.
The Liberals promised to introduce specific one-punch laws ahead of last year’s state election, in response to community concerns about unprovoked public attacks.
Attorney-General Elise Archer said the Government was seeking feedback on the laws given the high level of public interest in “these senseless acts of violence”.
SELF-INDUCED intoxication won’t be allowed as a defence for a one-punch attack under proposed new laws from the State Government.
The Liberals promised to introduce specific one-punch laws ahead of last year’s state election, in response to community concerns about unprovoked public attacks.
Attorney-General Elise Archer said the Government was seeking feedback on the laws given the high level of public interest in “these senseless acts of violence”.
“The legislation to address one-punch incidents are the result of an extensive review of various reforms undertaken in other jurisdictions to determine the best approach for the Tasmanian context,” Ms Archer said.
“They amend the Tasmanian Criminal Code 1924 and the Sentencing Act 1997 to deliver reforms in response to alcoholfuelled violence and onepunch attacks.”
The proposed laws will amend the Criminal Code to make the defence of “accident” clearer, while also ensuring an accused person cannot escape criminal responsibility due to the victim having a “defect, weakness or abnormality”, commonly known as the “eggshell skull” test.
The proposed amendment to the Sentencing Act 1997 will identify that self-induced intoxication is not an excuse for criminal behaviour.
The public consultation period runs until November 4.
Opposition Leader Rebecca White said Labor would consult with the community before finalising a position on the laws.
“We respect there is concern in the community about the safety of people when they are going about their business. They are not bothering anybody and the impact of this can be quite devastating,” Ms White said.
Greens leader Cassy O’Connor described the onepunch law proposal as “pure politics”, given current laws on assault and grievous bodily harm could adequately cover such attacks.
However, Ms Archer said the new laws could cover a loophole that can allow one-punch attackers to avoid convictions for manslaughter by arguing the death was an accident.
“We make no apologies for sending a strong message to those who commit these gross acts of violence that they will be held accountable for their actions,” she said.