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In recent years, alcohol related violence has risen in prevalence and so too have the calls for justice. It is the increased public awareness that has, and continues to, make this issue a primary area of concern for the public and government. Legal measures to respond include one punch laws and lockout laws and non-legal responses to achieve justice have been made by interest groups and the media. The responses to this issue have assisted in justice being achieved in many areas, however the gravity of it makes it one of the legal systems greatest challenges.
Alcohol related violence truly gained attention following the Thomas Kelly case (R v Loveridge 2014). In 2012, 18 year old Kelly was punched in the head in an unprovoked attack at King Cross which resulted in his death. Public outrage due to Loveridge’s ‘lenient’ sentencing of 7 years imprisonment gave rise to the need for law reform and the pressure mounted on the courts, Parliament and law enforcement agencies who were held accountable to implement and enforce measures to assist in the achievement of justice. This need for reform was swiftly provided by the justice system in the form of a four phase whole of government response. Another influential case that prompted measures to be made for justice was that of R v McNeil, which involved the death of 18 year old Daniel Christie to one punch.
Being that the protection of citizens to is a primary government role, the NSWs parliament introduction of legislation in 2014 in response to alcohol related violence supports the idea of justice being achieved. The one punch laws and lockout laws presented became legislation under the Crimes Act 1900 and marked the beginning of the necessary steps taken to meet society’s needs, thus to attain justice. In addition this reform, public opinion that Loveridge’s original sentencing of 7 years was “far too lenient” (NSW Crime Library), left many claiming the system had failed justice for Kelly’s family. In response, the NSW parliament introduced the Assault and Intoxication Amendment Act 2014 which included “mandatory 8 year minimum sentences” for perpetrators of one punch. The enactment of these new laws that require 1:30am lockouts and 3am last drinks, led to a notable drop of 7.7% in the number of assaults at licensed premises in 2 years (BOSCAR, 2013), clearly highlighting the immediate effectiveness of the reforms. BOSCAR findings also revealed that the reforms saw a substantial reduction of assault in Kings Cross down 32% and in the Sydney CBD down 26%. Again, this proved to respond to society’s need and the attainment of justice.
Despite this response proving effective, there exists concerns that the mandatory sentences violate the rule of law in the sense that it limits the ability of judges in issuing sentences which fit the crime, also limiting the effectiveness of justice for the crimes perpetrators. Aligning with this idea is the notion that mandatory sentences does not allow defendants access to a fair hearing by an impartial tribunal (UDHR, Article 10). Hence the debate over whether one punch laws are effective in achieving just outcomes for individuals.
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