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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 2 hours later)
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.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.
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.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.
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.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.
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.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.
"The new measures are tough and I make no apologies for that," O'Farrell told reporters on Tuesday."The new measures are tough and I make no apologies for that," O'Farrell told reporters on Tuesday.
"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 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."
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.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.
Voluntary intoxication would also be removed as a mitigating factor for judges and magistrates setting sentences.Voluntary intoxication would also be removed as a mitigating factor for judges and magistrates setting sentences.
In total, mandatory minimum sentences would be introduced for 10 offences if they are committed under the influence of drugs or alcohol.In total, mandatory minimum sentences would be introduced for 10 offences if they are committed under the influence of drugs or alcohol.
The premier acknowledged that the laws, if passed, could mean a surge in the state's jail population.The premier acknowledged that the laws, if passed, could mean a surge in the state's jail population.
"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.""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 mandatory minimum laws would only apply in cases of assaults committed after February 1.The mandatory minimum laws would only apply in cases of assaults committed after February 1.
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.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.
"Police will be empowered to take all measures to ensure those tests can be conducted," O'Farrell said."Police will be empowered to take all measures to ensure those tests can be conducted," O'Farrell said.
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.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.Hotels, small bars and restaurants would be exempt from the new laws.
The premier stopped short of introducing earlier closing times for licenced venues. The NSW branch of the Australian Hotels Association said it welcomed the tougher sentencing, but was sceptical about lockouts and mandated last drinks at 3am.
"The organisation wholeheartedly welcomes tougher sentencing for thugs and official recognition of the role drugs play in night-time violence," the AHA said in a statement on Tuesday.
"We do not believe tens of thousands of people will stay in licensed premises past 3am once alcohol is no longer served, but will instead be out on the streets looking for a way home. The government will need to address this new issue.
"Lockouts and closures in the Sydney city centre will also have an undeniable impact on the night-time economy, penalising businesses that are well run and have had nothing to do with the recent violence."
Australia’s incoming Human Rights Commissioner, Tim Wilson, said in a statement it was disappointing to see NSW replicating the "folly of a failed lockout" in Victoria.
“A lockout limits the rights of law-abiding patrons to exercise their right to self-determination by engaging in legal behaviour," he said. "Lockouts also arbitrarily punish licensed premises.”
He said data showed a general decline in the consumption of alcohol and in the incidence of non-domestic assaults on licensed premises. He did not want to criticise the government's intent to curb street violence, but said restricting liberties was not an effective way to do so.
“Stopping street violence is not achieved through arbitrary restrictions on the individual liberty of law-abiding citizens in the hope that it may reduce criminal behaviour amongst a small number of individuals,” he said.
The NSW Bar Association president, Phillip Boulten SC, criticised the mandatory sentencing proposals.
"Mandatory sentencing laws do not deter criminal activity," Boulten said in a statement. "They remove discretion from judges. They result in penalties that are often disproportionately harsh."
But he backed the limits on trading hours and lock-outs.
"These sensible, practical measures offer a far more effective means of addressing alcohol-related violent crime, and all of the other problems that accompany binge drinking in public spaces," Boulten said.
The NSW Law Society said it was regrettable the government did not wait for judicial direction on mandatory sentencing.
"Evidence shows us that mandatory minimum sentencing has no deterrent effects on offending," Law Society president Ros Everett said.
"US studies have shown us that deterrence arises from fear of being caught, not from the length of the sentence."
The premier stopped short of introducing earlier closing times for licensed venues.
O'Farrell said there would also be a new statewide closing time of 10pm for bottle shops.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. "Licensed 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. The opposition declared the reform package a "watered-down version" of its own lock-out plan.