Closing the one-punch loophole
New legislation will ensure drunkenness can’t be an excuse, says Elise Archer
THE Tasmanian Government has clearly established its law and order credentials, and putting victims and community safety first is a core priority for me as the Attorney-General.
After introducing legislative reforms relating to so-called one-punch or coward’s punch offences on the first day of State Parliament for 2020, I look forward to these important changes being debated when Parliament resumes this week.
One-punch incidents have been the focus of national attention after some highly publicised incidents, campaigns in relation to alcohol-fuelled violence and the introduction of reforms to reduce violence, including new offences across Australia. These senseless and sometimes fatal attacks are often unprovoked and indiscriminate, but can leave lasting and devastating effects on the victim, their families and our community. Regrettably, Tasmania has not been immune from these violent incidents.
There are some offences in Tasmanian legislation that can capture one-punch incidents, such as assault and grievous bodily harm. However, I consider reform is necessary to close a loophole that exists in Tasmania for offenders to avoid convictions for manslaughter (where death results) if they successfully argue in court that the death was an accident.
Last year, through the Department of Justice, the Government released a draft Bill for public consultation to meet our commitment to crack down on one-punch offenders. We requested feedback on proposed legislative changes that will make the defence of “accident” much clearer and ensure that “self-induced intoxication” cannot be used as an excuse for random acts of violence.
The public consultation ran for six weeks with submissions from a broad range of stakeholders. The Department of Justice reviewed the feedback and finetuned the legislation that I tabled on the first day of Parliament this year. I make no apology for taking the time necessary to thoroughly consider reforms in other states to avoid unforeseen or unintended outcomes. Changes to our criminal law must always be thoroughly considered before reform is introduced.
Our well-considered reforms will send a strong message that senseless and cowardly acts of violence will not be tolerated, and will ensure that police and the courts have adequate powers to hold offenders accountable.
The Tasmanian Hospitality Association has welcomed the introduction of our legislative reforms as it prepares to launch its “Stop the Coward’s Punch” campaign, with our Government committing $200,000 towards this because educating people to prevent these senseless acts is obviously preferable to dealing with the consequences. THA chief executive Steve Old said the “Tasmanian Government should be applauded for supporting such a worthy campaign and also congratulated for tabling legislation that will allow the judicial system to deal with offenders appropriately and to meet community expectations”.
Our government will always stand up for victims and the safety of our community, and these reforms ensure we send a strong message that these violent acts will not be tolerated.