Law Reforms Regarding Alcohol And Violence In Australia

Law reform can be defined as the process of reviewing, developing and changing current law in order to make it suitable and applicable with current conditions and issues increasing within society. In regards to ‘coward punch assaults’, law reform has been moderately effective in achieving just outcomes, whilst not completely satisfying particular circumstances and cases. In reference to ‘coward punch assaults’, also known as ‘one-punch assaults’ these terms refer to attacks where an individual strikes another individual in the head, unconsciously knocking them, leaving the victim at danger of further head trauma when impacted on the floor. This offence is fundamentally the same as manslaughter, but it makes the mens rea so simple to prove that it becomes insignificant. In recent years, young people committing such attacks in public areas while under the influence of alcohol and causing the victim to die, has created a worrying trend, thus resulting in a need of reforming current law. Types of law reform which have been implemented by NSW Premier O'Farrell under the ‘Coward punch assaults’ - Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW include; a 25 year maximum and an eight year mandatory minimum sentence where the offender is intoxicated by drugs and/or alcohol & New state‐wide 10:00pm closing times for all bottle shops. St Vincent’s Health Australia has argued that alcohol is a ‘major contributor’ to alcohol-related violence. It outlined the results of international research on the alcohol-violence correlation: a one-hour extension of alcohol outlet closing times in some nightlife regions of Amsterdam was linked with 34% more alcohol-related injuries; a research of 18 towns in Norway discovered a 16% rise in violent crime linked with each extra hour of trading and each extra hour of trading in New York has been linked with an increased reported incidence of violent crime. In 2013, a study was conducted to show how one-punch assaults have cost 90 Australian lives since 2000, most in booze-fuelled bashing. According to the latest data, more than 40% of fatal punches have shown to occur between midnight and 6am. The law reform, a ' 25-year maximum and a minimum sentence of eight years where the offender is intoxicated by drugs and/or alcohol, ' is one of the 16-point plans to address drug and alcohol-related violence in connection with coward punch attacks. Attorney-General Greg Smith's one-punch laws, which were to include a 25-year maximum sentence, expects to also contain a minimum term of 8 years if alcohol or drugs are involved in NSW.

In a 2014 case, after being found guilty of another man's death, Hugh Garth became the first person in NSW to be convicted under the newly amended one-punch laws. The 25-year-old was on trial for the unlawful assault that caused the death Raynor Manalad at a 21st birthday party in Rooty Hill, Sydney's west. He was sentenced to more than 10 years in jail, as he was under intoxication. As a result of this case, it is evident that this particular law reform has been effective in charging attackers with the minimum sentencing charge, if under the influence of drugs/alcohol. Nonetheless, having its effective aspects in achieving justice for society in decreasing the amount of assaults happening, there are still negative aspects involved. These include complaints which have ranged from concerns that increased penalisation will clog up the courts and the legal system (time efficient), to disputes as to whether members of the indigenous community will be unfairly targeted, as well as the use of alcohol as a moderate factor being unlikely to act as a restraint. In extent, someone who attacks another with alcohol impairment, without necessarily intending to kill their victim will receive a harsher sentence than someone who does the same sober and reasonable act. Essentially, this does not cover fairness and equality in relation to the notions of justice. Another law reform implemented to decrease the number of assaults is the ‘New state‐wide 10:00pm closing times for all bottle shops.’ The Government is concerned with the effect of alcohol-related violence and other damage caused by the availability of takeaway liquor late at night. The reform applies a state-wide ban on the sale of takeaway liquor after 10:00pm, to guarantee regulatory consistency from liquor shops to restaurants and clubs authorised to sell takeaway liquor from a designated area or throughout the bar. In a media article, it is stated that this particular law reform has drawn criticism as being too rigid, particularly over the mandatory minimum sentence and the effect of the state’s nightlife. While Sydney citizens have reluctantly fallen in line with the strict lockout and last-drink rules, many still believe forcing the state’s bottle shops to be closed at 10:00pm in a bid to stop one-punch deaths is a big step too far. Marrickville resident Kirsty Carr told news.com.au: “Shutting down the next bar, club, or bottle shop isn’t the solution to reduce alcohol-related violence. It's about education and behaviour, strategies that empower individuals to take responsibility and make better choices, not sending businesses into bankruptcy and moving issues elsewhere. Quite frankly, it's unpleasant. These new regulations do not encourage responsible drinking; if anything, they encourage the culture of binge drinking to drink as much as you can before leaving the bar or shop. The NSW Liquor Stores Association (LSA NSW) encouraged the government to consider amending the present law, including clauses to apply to trade beyond 10:00pm for regional liquor stores.

Michael Waters, executive director of LSA NSW, said that “liquor stores have experienced loss of sales since the closing time of 10:00pm and have had to cut back on staffing.” Apart from the reduction in service and convenience for customers, many people have advised that the statewide limitation on takeaway sales at 10:00pm has led to increased consumer confusion, frustration, aggression and employees being abused, and reported rises in theft. “Furthermore, given that the level of alcohol-related violence across NSW had been steadily increasing for several years before the closure of 10:00pm was introduced, again questions whether this ‘one size fits all’ measure was first essential,” Waters stated. This conveys the fact that while the laws implemented have been reducing the effects of assaults significantly, there are still disputes and issues occurring drastically. The fact that there is conflict between consumers and liquor stores influencing the accessibility in which the consumers feel are not entitled to, has raised concerns for those who are not heavy drinkers and likely to cause any harm towards others. Although, despite the criticism, NSW Attorney General Brad Hazzard has defended the one-punch laws, truly believing that the new law reforms are working, and that attacks in the Sydney CBD have reduced down by 37%, since the one-punch laws along with increased liquor licensing restrictions were implemented. In conclusion, the ‘Coward punch assaults’ - Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 NSW has been moderately effective in reducing the amount of assaults, as well as achieving justice within society. Despite this, there is still criticism around the fact that these law reforms should not be directly aimed towards everyone, only a specific group of people within the state. The law reform aims to strive for fairness, equality and accessibility, and is successful in achieving these notions of justice, to an extent. From a bias point of view, educating the younger generation will be paramount. The use of school/college programs aimed to shape Australian culture in which alcohol and violence are no longer tolerated would be efficient. Consequently, one-punch attacks could be a thing of the past in the long-term general strategies that include legal measures, renewed urban planning and enhanced instructional programs.