



Lawyers condemn coward punch laws


RIchard Willingham, State Political Correspondent

A minimum statutory sentence of 10 years imprisonment for people who kill by throwing a "coward punch" undermines the justice system, senior barristers have warned.

Premier Denis Napthine and Attorney-General Robert Clark on Sunday announced legislation will be introduced to Parliament this week that will see those found guilty of punching someone in the head without warning, resulting in death, would be guilty of manslaughter and liable to a 10-year statutory minimum non-parole period.

The sentencing rules apply regardless of whether the death is caused directly by the punch, or by the person striking their head as they fall.

Criminal Bar Association chairman Peter Morrissey SC said it opposed the laws which removed too much of the judges' discretion and undermined the public's faith in the courts and justice system.

Mr Morrissey, and other legal specialists, highlighted that every case had different circumstances which had to be considered in sentencing. 

"In most other places in the world you would serve between three and five [years],'' Mr Morrissey said.

"It is just a short-term political move. It's an election year auction, having nothing to do with justice and there is no reason to stop at 10 years; next year they'll say 20 years.

"It really does undermine the courts, because the message is 'the courts are too soft'. The reality is the courts are not too soft at all; Australia is comparatively a very heavy sentencing country compared to the rest of the world.''

Dr Napthine said the government wanted to send a clear message about the tragic consequences that flowed from a moment of violence.

“We also need to drive home to would-be offenders that they will spend a long time in jail if they resort to such violence,'' Dr Napthine said. 

Judges will be allowed to give special consideration for some cases, including if there is a pre-diagnosed mental illness in the accused. 

In February Labor promised to introduce a new offence, if it wins November's poll, of causing death by assault that would attract a maximum 20-year jail term. Mr Clark said at the time that the policy would result in lesser penalties. 

Shadow attorney-general Martin Pakula said the government was playing catch-up after it criticised Labor for promising to deliver a new one punch law.

"We will decide what to do with the bill once we see it, but if it's anything like other so-called "mandatory sentencing" bills from this government there will be a big gap between the bill's spin and its substance,'' Mr Pakula said. 

The bill will not be voted on this week but will be debated before the election. There are just four parliamentary sitting sessions remaining before the November poll.

This is the last week of balance of power independent MP Geoff Shaw's suspension. He will be allowed back into Parliament in September on the condition he apologises and pays a fine. 

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