Latest / Early Edition with Ryan Bridge / Julie-Anne Kincade KC: Law Association Vice President on the Government's introduction of new sentences for coward punches

Transcript

Julie-Anne Kincade KC: Law Association Vice President on the Government's introduction of new sentences for coward punches · Early Edition with Ryan Bridge

• 0:00
  Speaker 1: The government here on a bit of a role with
• 0:02
  Speaker 1: law and order announcements. Cowd punches will now be made
• 0:05
  Speaker 1: a specific offense punishment eight years or fifteen years if
• 0:09
  Speaker 1: you intend grievous bodily harm. If a victim dies following
• 0:13
  Speaker 1: an attack, the maximum penalty is life, and new offenses
• 0:17
  Speaker 1: will be added to the three strikes legislation the regime.
• 0:22
  Speaker 1: Juliane Kincaid is a case c Vice president of the
• 0:25
  Speaker 1: Law Association. With me this morning, Jullian, Good morning, Good
• 0:29
  Speaker 1: morning Ryan, Thanks for being with me. Do you think
• 0:31
  Speaker 1: these changes will make a difference.
• 0:35
  Speaker 2: I think that they are cosmetic. I understand there has
• 0:39
  Speaker 2: been a lot of discussion looking for a form in
• 0:41
  Speaker 2: this area, but in effect, what these changes will do
• 0:45
  Speaker 2: is add one year to the maximum penalty of offenses
• 0:49
  Speaker 2: which already exist. So I don't think that in reality
• 0:53
  Speaker 2: they will have huge impact on any particular case.
• 0:57
  Speaker 1: Is that because judges will use their discus.
• 1:02
  Speaker 2: Look Sentencing in any case is always very complex, and
• 1:05
  Speaker 2: when we look at assault charges in particular, we look
• 1:08
  Speaker 2: first of all at the harm that was caused, the
• 1:10
  Speaker 2: grievous fully harm or was it an injury, and then
• 1:13
  Speaker 2: we look at the intent behind it, which helps us
• 1:17
  Speaker 2: to choose which one of the myriad of assault charges
• 1:20
  Speaker 2: there are. There's at least over thirteen already in the
• 1:23
  Speaker 2: Crimes Act. This is adding another two. The fact that
• 1:26
  Speaker 2: they're also putting these onto the three strikes legislation isn't
• 1:31
  Speaker 2: the difference because of the offenses that already exist are
• 1:34
  Speaker 2: strike offenses as well. And also the fact that the
• 1:37
  Speaker 2: maximum penalty in a culpable homicide in a case of
• 1:40
  Speaker 2: this nature is one of life imprisonment is not a
• 1:43
  Speaker 2: change and that's already the case, right, So I think
• 1:45
  Speaker 2: it's quite cosmetic, Okay.
• 1:49
  Speaker 1: Do those who perperpetrate these types of attacks think about
• 1:54
  Speaker 1: the sentence when they're doing it?
• 1:55
  Speaker 2: Typically, well, no, of course not often that type of
• 2:00
  Speaker 2: offense who cars at night when people are perhaps have
• 2:03
  Speaker 2: had a few drinks and so on. I don't think
• 2:06
  Speaker 2: it would stop anyone in that particular situation. It doors
• 2:10
  Speaker 2: allow for advertising, however, as it's happened in Australia, and
• 2:14
  Speaker 2: this is a law that does exist in some states
• 2:16
  Speaker 2: in Australia, there's no comparable legislation in England. I would
• 2:21
  Speaker 2: like to add one thing round that an attack to
• 2:23
  Speaker 2: the head is already an aggravating feature for assault cases.
• 2:27
  Speaker 2: Whether it's one punch or several, it's already a factor
• 2:31
  Speaker 2: which is very much taken into account and sentencing.
• 2:34
  Speaker 1: This is different, though, isn't it. This is a punch
• 2:37
  Speaker 1: you had no warning about, you didn't see coming. You
• 2:40
  Speaker 1: can't brace yourself, you can't defend yourself.
• 2:43
  Speaker 2: Yes, look thankfully that these cases do exist. Of course
• 2:47
  Speaker 2: they do. And there was one widely publicized case where
• 2:51
  Speaker 2: people were concerned with the sentencing, which led to a
• 2:55
  Speaker 2: lot of discussion on this, and I'm lawyers are always
• 2:58
  Speaker 2: very cautious about any legislation that arises out of one
• 3:02
  Speaker 2: particular case. There are as a long line of authorities
• 3:07
  Speaker 2: for situations where this type of one punch has occurred,
• 3:10
  Speaker 2: and judges have been sentencing in this category for a
• 3:14
  Speaker 2: very long time and most of the time it doesn't
• 3:16
  Speaker 2: cause anyone any concern at all. Appreciate now, and again
• 3:20
  Speaker 2: there can be some cases which day so we shouldn't
• 3:22
  Speaker 2: legislates on the basis of those one or two situations.
• 3:27
  Speaker 1: But why not, because that's one or two families who
• 3:30
  Speaker 1: don't feel they've had justice, some guy who's come up
• 3:33
  Speaker 1: behind their son, their brother, their husband, while they's out
• 3:36
  Speaker 1: having a good time, punched them from the back of
• 3:39
  Speaker 1: the heat.
• 3:39
  Speaker 2: I mean, who key.
• 3:41
  Speaker 1: Is what's wrong with their dislading for one or two cases,
• 3:43
  Speaker 1: because it's.
• 3:44
  Speaker 2: Very difficult to take all of the factors in that
• 3:47
  Speaker 2: one case and then apply them right across the board
• 3:50
  Speaker 2: for everyone. There's so many different factors that apply in
• 3:54
  Speaker 2: all sorts of cases, including assault cases, and in my
• 3:57
  Speaker 2: respectful opinion, they're all be very much covered in all
• 4:02
  Speaker 2: of the legislations. But often families are very unhappy with
• 4:05
  Speaker 2: outcoming cases, But it doesn't mean that the legislation that
• 4:09
  Speaker 2: sits behind them is in fact wrong or not working properly. Julian,
• 4:13
  Speaker 2: that's a different feature. I appreciate.
• 4:15
  Speaker 1: I appreciate your time this morning, Julian kink Casey, vice
• 4:18
  Speaker 1: President of the Law Association.
• 4:20
  Speaker 2: With for more from Early Edition with Ryan Bridge.
• 4:23
  Speaker 1: Listen live to news Talks.
• 4:25
  Speaker 2: It'd be from five am weekdays, or follow the podcast
• 4:28
  Speaker 2: on iHeartRadio.