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One-punch laws, mandatory minimums and 'alcohol-fuelled' as an aggravating factor: implications for NSW criminal law

Journal Article


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Abstract


  • This article critically examines the New South Wales State Government’s latest policy

    response to the problem of alcohol‐related violence and anxiety about ‘one punch’ killings:

    the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act

    2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the

    terms in which the new offences of assault causing death and assault causing death while

    intoxicated have been defined, I argue that the Act represents another example of criminal

    law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and,

    in its operation, is unlikely to deliver on the promise of effective crime prevention in relation

    to alcohol‐fuelled violence.

Publication Date


  • 2014

Citation


  • J. Quilter, 'One-punch laws, mandatory minimums and 'alcohol-fuelled' as an aggravating factor: implications for NSW criminal law' (2014) 3 (1) International Journal For Crime, Justice and Social Democracy 81-106.

Scopus Eid


  • 2-s2.0-84923849312

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2118&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1113

Has Global Citation Frequency


Number Of Pages


  • 25

Start Page


  • 81

End Page


  • 106

Volume


  • 3

Issue


  • 1

Place Of Publication


  • Australia

Abstract


  • This article critically examines the New South Wales State Government’s latest policy

    response to the problem of alcohol‐related violence and anxiety about ‘one punch’ killings:

    the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act

    2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the

    terms in which the new offences of assault causing death and assault causing death while

    intoxicated have been defined, I argue that the Act represents another example of criminal

    law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and,

    in its operation, is unlikely to deliver on the promise of effective crime prevention in relation

    to alcohol‐fuelled violence.

Publication Date


  • 2014

Citation


  • J. Quilter, 'One-punch laws, mandatory minimums and 'alcohol-fuelled' as an aggravating factor: implications for NSW criminal law' (2014) 3 (1) International Journal For Crime, Justice and Social Democracy 81-106.

Scopus Eid


  • 2-s2.0-84923849312

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=2118&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/1113

Has Global Citation Frequency


Number Of Pages


  • 25

Start Page


  • 81

End Page


  • 106

Volume


  • 3

Issue


  • 1

Place Of Publication


  • Australia