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One-punch assaults: tough new laws outlined by Barry O'Farrell One-punch assaults: tough new laws outlined by Barry O'Farrell
(about 3 hours later)
The New South Wales premier, Barry O'Farrell, says his government will introduce an eight-year mandatory minimum sentence for one-punch offences committed under the influence of drugs or alcohol. Mandatory minimum jail terms, forced drug and alcohol testing, earlier closing times for bottle shops and late-night lock-outs for big inner city bars are all in store for NSW.
"We are sending a clear message about alcohol and drug-induced violence," he told reporters in Sydney on Tuesday. But the alleged attackers who helped propel alcohol-fuelled violence in Sydney into the headlines will not feel the sting of the new laws, which will come into effect from 1 February.
He said parliament would be recalled early to pass new measures including a one-punch law that would have a 20-year maximum penalty, rising to a 25 years where drugs and alcohol are involved. Premier Barry O'Farrell announced the extensive reform package on Monday following the death of alleged one-punch victim Daniel Christie after a night out in Kings Cross and the brutal assault of Michael McEwen in Bondi.
Additionally, maximum penalties for serious assaults involving drugs and alcohol will increase by two years and mandatory minimums will also apply. He said parliament would be recalled early to pass a one-punch law that would carry a 20-year maximum sentence, with a minimum eight-year jail sentence and a 25-year-maximum where drugs and alcohol were involved.
O'Farrell said 1.30am lock-outs would be introduced at licensed premises across an expanded Sydney CBD precinct and there would be an end to drinks at 3am. "The new measures are tough and I make no apologies for that," O'Farrell told reporters on Tuesday.
"This is about trying to send a very clear message to the industry that yes, you can continue to trade after 3 o'clock, but drinks will cease at 3 o'clock." "The fact is, it's not acceptable for people to go out, get intoxicated, start a fight, throw a punch – whether it's a coward's punch or another punch – and think they'll get away with it."
The premier said there would also be a new statewide closing time of 10pm for bottle shops. Sexual assaults committed under the influence of drugs or alcohol would be punishable by a minimum five-year jail sentence, while assault occasioning actual bodily harm would result in a mandatory minimum sentence of two years.
"Licensed venues alone are not the source of all the alcohol problems across NSW, bottle shops have to play their role as well." Voluntary intoxication would also be removed as a mitigating factor for judges and magistrates setting sentences.
O'Farrell said there would also be an increase in the maximum penalty for the possession or illegal use of steroids, from two years to 25 years, in line with Victoria. In total, mandatory minimum sentences would be introduced for 10 offences if they are committed under the influence of drugs or alcohol.
On-the-spot fines issued by police to deal with disorderly behaviour in entertainment hotspots will also be raised. The premier acknowledged that the laws, if passed, could mean a surge in the state's jail population.
The maximum fines will rise to $1,100, from $200. "We decided that we would send a message," O'Farrell said. "When it comes to keeping [people] safe and alive there is no price you can put on that."
The premier said the government would also introduce a multimillion-dollar community awareness program aimed at curbing binge drinking and alcohol-fuelled violence. The mandatory minimum laws would only apply in cases of assaults committed after February 1.
Free buses would also run every 10 minutes from Kings Cross to make it easier for people to get home after a night out. Under the proposed laws, police would be given new powers to conduct alcohol and drug testing on anyone suspected of committing an alcohol or drug-fuelled assault.
Periodic risk-based licences will be imposed for licensed venues across NSW and there will be a freeze on liquor licences for new pubs and clubs in the expanded Sydney CBD precinct. "Police will be empowered to take all measures to ensure those tests can be conducted," O'Farrell said.
O'Farrell has come under intense pressure in recent weeks to act against alcohol-fuelled violence after the deaths of 18-year-olds Thomas Kelly and Daniel Christie, who were victims of one-punch attacks at Kings Cross. The laws include 1.30am lock-outs at licenced premises across a newly declared Sydney CBD precinct, which would stretch from the Rocks and to Kings Cross in the east and along George Street to Haymarket but exclude the planned casino complex at Barangaroo, as well as last drinks at 3am.
Hotels, small bars and restaurants would be exempt from the new laws.
The premier stopped short of introducing earlier closing times for licenced venues.
O'Farrell said there would also be a new statewide closing time of 10pm for bottle shops.
"Licenced venues alone are not the source of all the alcohol problems across NSW – bottle shops have to play their role as well," he said.
The opposition has already declared the reform package a "watered-down version" of its own lock-out plan.