Are you aware of the law surrounding one punches? Do you know what to do if you get caught committing this type of crime. The rise of one punch offences has been steep over the past few years, with the deadly act quickly becoming one of Australia’s most unpredictable offences. One punch is all it takes to end a life, no matter the intention, and it is important to understand the seriousness of the matter.
What is a One Punch Offence?
A one punch offence is exactly as it sounds except this particular concept usually refers to a punch to the head. The most severe consequences of such usually being, permanent brain impairments, facial disfigurement or death. A single hit in the wrong location can lead to a lifetime of impairment for the victim as brain damage and swelling can create serious irreversible deficits.
The on the accused due to the impact on the victim can be life imprisonment depending on the circumstances and more often then not, the situation itself was born from one minor mistake. There are very few individuals who set out to intentionally cause harm with their actions and most commonly, one punch incidents are spur of the moment occurrences.
What area of law do i need to consider?
One punch assault is subject to criminal law and as such falls under the Crimes Act. The Crimes Act stipulates both the criteria required and the mandatory minimum sentence as well as maximum penalty that can be received. In order to be found guilty of the offence it needs to be established, beyond a reasonable doubt, that committed an unlawful assault or an unlawful striking of another individual.
If the act caused the individuals death, then you would need to be found guilty specifically of unlawful striking causing death. Essentially, the strike would need to be directly connected with the victim’s death so that you can be held criminally responsible.
There are two types of offences in this area to be considered, assault causing death or unlawful assault causing death. This will be discussed more later as the difference between the two could be critical to your case.
What type of lawyer should i see?
As always, it is essential that you seek legal advice for criminal law offences as the consequences are considerable. A criminal law expert is best placed to help you through the process. A lawyer will be able to advise you of the following;
- Whether you should plead guilty or not guilty;
- Whether you have a plausible criminal defence;
- What weight should be put on any of the evidence against you;
- What punishment you are likely to receive.
Speak to a lawyer today
In the event that you are unable to find a lawyer or need some assistance immediately, you can contact the National Legal Hotline for legal advice. The national legal hotline is an Australia wide advice service where there is no merit or means test to qualify for assistance. All the advice you receive from the national legal hotline will be provided by a qualified lawyer.
Case Study
Serena is dancing on the dance floor when she feels a nudge behind her. She turns around and sees a girl she went to high school with dancing behind her. The girls flicks her head and narrows her eyes at Serena before turning around and dancing with one of the guys she is with. Serena knows she shouldn't take the bait but the alcohol in her system is making her judgement impaired.
Serena has two prior convictions for assault due to her having unresolved anger management issues. She has already served the minimum period of imprisonment she can under the legislation and now she is at risk of serving a harsher sentence if she is found guilty for any further violent offences.
Serena chooses to ignore the girl however the next time she knocks into her, she feels her elbow press into Serena's spine. She whirls around without thinking and unlawfully strikes the girl to the head. The police are called and Serena is arrested for a one punch assault.
What is the difference between assault causing death and unlawful assault causing death?
The main difference between the two is that one is usually the by product of self defence and one is not.
Can a One Punch cause grievous bodily harm?
Grievous bodily harm occurs when an assault causes serious bodily injury which leaves or is likely to leave permanent damage. It is a serious criminal offence. One punch assault offences can cause grievous bodily harm as such assaults can cause brain injury, facial, head or neck injuries and dislocations or breaks to other bones in the body.
The legal principles cannot be satisfied if the injuries sustained are minor or superficial such as surface bruising like black eyes, but must be linked to tears, breaks, dislocations, etc. One punch laws cover all different types of assault, including domestic violence incidents.
Case Study
Lisa picks a fight with another woman in the club over the way she is dressed. The two exchange words however are both intoxicated and after a few minutes the fight becomes physical. Lisa throws a single punch in the direction of the woman's head and connects with her eye. The woman falls and hits the back of her head on the bar.
The police are called and they assess the situation. They can see that Lisa's punch has connected with the victim's head via her eye and that she has then fallen. They can determine that the victim's jaw has been dislocated upon impact with the ground. It will likely require surgery to fix.
Lisa is arrested and taken to the police station. It is determined she has committed the offence of assault under one punch law through an unlawful striking. Unfortunately, the result of the blow to the victim's head caused brain swelling and it is likely her function will be impaired permanently. Lisa will need to seek legal advice immediately and begin building her criminal defence if she wants to avoid the maximum penalty of imprisonment.
What is a coward punch?
A coward punch is another way of explaining a one punch as it is often an act committed in a moment of fear, weakness or frustration. Personal circumstances often play a role in these situation as a coward punch is usually a random, circumstantial incident.
Criminal offences relating to coward punches are the same as one punch offences.
What factors will be taken into account when determining sentencing?
When a court decides sentencing for an offence there are several factors which are taken into account. Each situation is different however the appropriate sentence is determined based primarily on creating general deterrence within the community. The courts primary focus is on creating general deterrence in the hope that individuals rethink committing the same or similar offences.
An individuals criminal record or prior criminal history will be considered when determining either the minimum sentence versus maximum sentence because it will highlight whether the individual has previous convictions for the same or similar offences. When dealing with one punch assault situations, an individuals criminal defence becomes weakened if they have already been convicted of assault previously. One punch assaults are not considered a socially acceptable activity so they carry a general stigma which is difficult for a criminal defence lawyer to defend. The damage caused by one punch attacks is usually significant and long term.
Case Study
He walks over to the two guys and tries to get in the middle of them. He yells at them to stop but they are essentially in the middle of a boxing match and they keep throwing punches over his head. Daniel narrowly misses getting hit in the head by one of the guys but he is getting angry not because he feels they are intentionally hitting towards his head to try and knock him over.
Daniel cannot control himself and he throws a one punch towards both young men and connects with one in the temple. The victim falls and hits his head on the ground. The police are called and Daniel is arrested. Once taken back to the police station, he is advised that the victim was pronounced dead and he is being held criminally responsible and charged with unlawful striking causing death under one punch laws.
Daniel contacts the legal service and questions whether he could use the explanation of self defence as his criminal defence. His lawyer advises that such a situation as this is unlikely to be successful with a self defence argument because the action resulted in death. When using the argument of self defence, the force must be proportionate to the situation and a situation resulting in death is unlikely to be considered proportionate.
What is a non-parole period?
A non parole period refers to a period of time either under legislation or imposed by the court that an individual must spend in prison before being eligible to apply for release. Non parole periods are usually half of the person’s sentence however a lot of factors go into determining when parole can be applied for.
Just because you are eligible to apply for parole is no guarantee of being granted parole. Some people apply for parole several times before having it granted or they may never have it granted and be required to wholly serve their sentence. This may means serving several years imprisonment.
Parole periods are often not awarded by the court in such a situation where individuals are serving mandatory minimum sentences as it is required they serve the full sentence. Factors which will be considered by the parole board when considering release are whether the individual has shown remorse for their actions and/ or engaged in rehabilitation programs. The behavior of the individual whilst serving their sentence will also be considered.
Case Study
Caleb contacted the national legal hotline on the night of his arrest and was advised that he is likely to serve a term of imprisonment. Caleb served 8 years imprisonment for his previous assault charges against his wife where his wife suffered a fractured skull as well as a broken arm, cracked ribs and a broken eye socket. This was as a result of family law proceedings where his wife was attempting to obtain full care of his children.
Caleb is concerned he could be facing the maximum penalty of life imprisonment if the assault causing death charge is upgraded to murder. He has contacted a lawyer through legal services in New South Wales and has been advised that if he receives the maximum penalty of life imprisonment, he will likely have a non parole period of at least 15-20 years imprisonment.
What court will my matter be heard in?
One punch assaults are heard in the Supreme Court because they are considered indictable offences. They can sometimes be heard in the local or district court however they are not often classed as summary offences. The Supreme court is subject to trial by jury.
The jury will determine whether the accused is guilty or not guilty however the judge will determine the penalty, i.e. whether the accused should receive the mandatory minimum sentence, maximum sentence or a combination thereof.
In a nutshell...
One punch laws exist specifically to counteract the 21st century rise in violence we are seeing. The acts have become so frequent the legislation has had no choice but to enforce a mandatory minimum sentence. This sentence is unavoidable except in exceptional circumstances.
If you have been accused of committing the alleged offence then you must seek legal advice immediately through either a criminal defence lawyer or the national legal hotline. It is essential that you provide your lawyer with all necessary information so that they can assist you appropriately.