One Punch Laws and Lockouts are NSW Government's Response to Drug and Alcohol Violence

Thursday 23 January 2014 @ 10.39 a.m. | Crime | Trade & Commerce

In a media release posted to the NSW Premiers web page on 21 January 2014 the Premier Barry O'Farrell has detailed the NSW Government's plans for tackling the issues of drug and alcohol fuelled violence.

The key elements of the plan are lockouts for the Sydney CBD and Kings Cross areas and an eight year mandatory minimum sentence for drug and alcohol affected "one-punch" assaults. The measures are to be introduced as part of the NSW Government’s "comprehensive package to make our streets safer" according to Premier O’Farrell's media release and are expected to see legislation introduced very quickly into parliament, with the NSW parliament expected to be recalled in the next week in order to implement some of the key legislative measures announced by the premier.

Essential Elements of Package Announced by the Premier

The package of measure described by Premier O'Farrell as "tough and comprehensive package" includes the following:

  • An eight year mandatory minimum sentence for those convicted under the new one punch laws where the offender is intoxicated by drugs and/or alcohol, plus new mandatory minimum sentences for violent assaults where the offender is intoxicated by drugs and/or alcohol;
  • 1.30 am lockouts and 3 am last drinks are to be introduced across an expanded CBD precinct to include Kings Cross to Darling Harbour, The Rocks to Haymarket and Darlinghurst;
  • A new state-wide 10 pm closing time for all bottle shops and liquor stores;
  • The maximum sentence for the illegal supply and possession of steroids is to be increased to 25 years (up from the current two years);
  • On-the-spot fines to be increased to $1,100 for continued intoxicated and disorderly behaviour disobeying a police move-on order (an increase of more than five times the current penalty);
  • A community awareness and media campaign to address the culture of binge drinking and the associated drug and alcohol related violence;
  • Free buses are to be provided running every ten minutes from Kings Cross to the CBD to connect with existing NightRide services on Friday and Saturday nights;
  • Removal of voluntary intoxication by drugs or alcohol as a mitigating factor when courts determine sentences;
  • Increasing the maximum penalties by two years where drugs and/or alcohol are aggravating factors for violent crimes including assault causing grievous bodily harm, reckless bodily harm, assault against police, affray and sexual assault;
  • Enabling Police to impose an immediate CBD precinct ban of up to 48 hours for trouble-makers;
  • Introduction of a periodic risk-based licencing scheme with higher fees imposed for venues and outlets that have later trading hours, poor compliance histories or are in high risk locations;
  • The introduction of a precinct-wide freeze on liquor licences for new pubs and clubs.

In his media release as detailed above, Premier O'Farrell is quoted as saying the above measures are response to community concern and that such measures will make a difference.

“I have been horrified by the continued drug and alcohol-fuelled attacks on city streets and the increase in violence used in these attacks, . . . I’ve heard the community’s call for action and I’m confident this package of measures approved by Cabinet will make a difference,”

Reflecting on the toughness of the measures Premier O'Farrell says in his media release:

 “These new measures are tough and for that I make no apologies. I expect opposition to some or all of the measures, but the community wants strong action and the NSW Government intends to deliver it . . .The measures announced today build on our targeted approach to tackling drug and alcohol-fuelled violence since we came to government, including the 'Three Strikes' regime, increasing police numbers and powers and improving public transport."

Response to the Announced Measures

Response to the announced measures has been mixed and ranges from support to concern over the possibility of unforeseen legal complications.

In a report in the Sydney Morning Herald (SMH) today, one response indicates possible legal concerns with the proposed "one punch laws" are that the government "would not confirm on Wednesday if the mandatory minimums would include a non-parole period, reducing the jail time that would have to be served".

The report quotes NSW Law Society president Ros Everett as saying she hopes that the court will have the discretion to impose non-parole periods because otherwise the laws were dangerous because judges and magistrates could not take into account whether the offender was mentally ill or had a cognitive impairment.

The NSW Opposition Leader John Robertson is quoted by ABC News as saying there are "too many loopholes in the Government's plan to introduce early lockouts for pubs and clubs". In his criticism Mr Robertson points out that, "small bars will be exempt from lockouts, backpacker bars will be exempt from lockouts and hotel bars will be exempt from lockouts."

The Darlinghurst Residents Action Group is concerned the measures do not go far enough, its spokesperson being quoted as saying:

"We were hoping for 12:00 am lockout in Kings Cross. We want people off the streets. 80 percent of the incidents happen on the streets, . . . The venues fill them up, push them out on the streets so it is all care and no responsibility."

The ABC also reports comments from Professor Kypros Kypri from the University of Newcastle's School of Medicine and Public Health who has welcomed Premier O'Farrell's decision to introduce lockouts in the Sydney CBD, saying:

"It's likely to reduce the incidence of assault, . . . Certainly the number of hours in which premises remain open is associated with increased harm. For each hour that you permit premises to open beyond midnight you end up with large increases in assault rates, so this is a step in the right direction."

Similar lockout measures introduced to Newcastle in 2008, combined with a curfew, resulted in a 36 per cent drop in assaults.

No Single or Simple Cure-alls for these Problems

The reaction and comments seem to support Premier O'Farrell's statement in his media release, namely:

“There are no single or simple cure-alls for these problems. Part of the solution will involve community education and that’s why we’ve also committed to a community education campaign along the lines of multimedia road safety campaigns like 'What’s your Plan B?'”.

It would seem right to think that such a long list of actions will have an effect and to hope that by this time next year the Government is not itself looking for "Plan B".

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