An Overview Of ‘One-Punch’ Alcohol Law In Australia

The law is important for the society, as it sets guidelines for the society. Without it there would be conflicts between social groups and communities. It is essential that we follow them. Law reform is the process of laws being changed and updated to reflect the current values and needs of modern society. A contemporary issue in NSW is the one punch assault, also known as a ‘king hit’, which is the act of unlawful striking causing death. In February 2014 the NSW government introduced the ‘one-punch law’ and ‘lockout’ laws and regulations. The NSW Crimes Act 1900 included mandatory sentencing concerning the assaults causing deaths fuelled by substance and therefore, the government introduced regulation regarding the closing times of bars and alcohol stores in Kings Cross, CBD area. The new laws and regulations improved the safety of individuals in Kings Cross to a certain extent, however, the law reform negatively impacted the local businesses and the court systems. The law reform was made in an attempt to prevent more people losing their lives in the Kings Cross area due to the ‘one-punch.’ The new laws and regulations which were introduced were targeting the partygoers in the CBD area. The proposed outcome of the NSW government was that the stricter sentencing on the drunken assaults, causing deaths, would discourage the individuals.

Furthermore, the lockout laws were made to keep the individuals of the streets in the early hours of the morning, as that’s when most the assaults occurred. The sudden change to the Crimes Act was caused by the wide media coverage and the public monstrosity due to the multiple loses which were happening each month due to the ‘Kings Hit.’ After the multiple publicised deaths and the ongoing organisations being formed due to this issue, the NSW government announced the new ‘one punch law.’ As stated in a 2017 BBC article name “Australia ‘one-punch attack: First man jailed under new law.” In the article the writer states that the government has been pressured to crack down on alcohol-fuelled violence since Daniel Christies’ death in Kings Cross on New Year’s Eve. Due to the rushed matter in which the laws were changed. A law reform commission was not used and the changed had many flaws and unexpected effects on the local businesses and the court system. This clearly showed the power of the media as an agency of law reform and the flaws in the Australian legal system. The NSW Government introduced five “one punch” alcohol reforms. The government introduced sections 25A-25B into the Crimes Act 1900 (NSW). Section 25A is a new legal offence for an assault causing death. Section 25B enforces a minimum mandatory sentencing of 8 years for this offence, if the accused had a blood alcohol concentration of 0.15. Secondly, changes to the Liquor Act 2007 and its regulations introduced the idea that an area can be declared to be a “prescribed precinct.”

Thirdly, the Liquor Act authorises a police officer to issue a temporary banning order that prohibits a person from entering or remaining on specified licensed premises within the area for up to 48 hours. The fourth mechanism is that the Act provides the basis for payment of risk-based licence fees by liquor licensees. The final mechanism is the 10pm closing time for bottle shops and other take-away retail liquor businesses. According to a study by the NSW Bureau of Crime Statistics and Research, the one-punch reforms were associated with an immediate 32% reduction in the number of reported assaults in Kings Cross, and a 26% reduction in assaults in the Sydney CBD. Law governs much of what everyone does, day in and day out. It states what our rights and duties are. It allows us to declare rights that we have, lets us know the consequences of not doing what we are supposed to do. Without law, we do not have civilisation; we have chaos. Law is meant to protect people and property from harm. If we had no law, people could do any number of acts that society has agreed it does not find acceptable such as assaults while intoxicated. The contemporary issue of the ‘one-punch law’ has changed our society as it has introduced law reforms that keep our community safe.