Herald on Sunday

Time to review a coward punch law

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As Fau Vake’s 3-year-old daughter maintained a vigil at her father’s hospital bedside, concern was being expressed by some over the alleged incident that put him there.

Vake, 25, was critically hurt in an incident in Symonds St, in central Auckland, in the early hours of Sunday morning. He was reportedly waiting for a taxi to take him home when an altercatio­n broke out involving four other men.

The mixed martial arts fighter was allegedly knocked to the ground while distracted. Four men have been charged with assault, three aged 29 and a fourth, 32.

The courts will ultimately decide what occurred in Symonds St early Sunday morning but the case has restarted the debate over so-called “coward punches” and whether there should be specific criminal charges for the act of striking someone down unawares.

MMA fighter Israel Adesanya has called for the introducti­on of “coward punch laws”.

In June 2020, a National MP’s private member’s bill to send offenders of coward punches which cause death to prison for up to 20 years was voted down by Labour, NZ First and the Green Party during its first reading.

The proponent of the bill, Matt King, was furious. “This was voted down due to pure, cynical politics,” he said.

However, Labour MP for O¯ ha¯ riu Greg O’Connor has previously said the bill would only serve to benefit defence lawyers, not victims. “It just adds another layer and threatens to confuse the issue,” O’Connor said.

Would such a law change the mindsets of those who lash out in anger, taking advantage of a person’s inattentio­n? Who knows, but what we do know is it is being put in place or considered in legislatio­n around the world.

We have already added extenuatin­g circumstan­ces for some cases. If the assault is against an emergency worker, the maximum sentence is now one year in jail. If an assault is racially or religiousl­y aggravated, the maximum sentence is two years’ custody.

Is it finally time to take a look at an act of cowardice as an aggravatin­g factor?

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