Cowardly Punches
The Government of New South Wales in Australia has taken tough action against one-punch assaults that have resulted in people's deaths according to the report below from the BBC.
The legal establishment is against the new law, by and large, on the basis that judges should have the ability to take the circumstances of every crime into account - including that of the guilty party.
No two people or comes are the same is the logic of their position, which I agree with I have to say, but what's happened in New South Wales is that the public is registering their disgust at a criminal justice system which appears to hand out very lenient sentences instead of making the punishment fit the crime.
I hope campaigners in the UK pick up the baton because manslaughter or culpable homicide is a crime that can result in a life sentence in theory at least, although in my experience this happens rarely if ever.
Australia 'one-punch' laws announced in New South Wales
NSW Premier Barry O'Farrell said he was 'horrified' by the alcohol-fuelled attacks in Sydney
New laws are to be introduced in Australia's New South Wales (NSW), toughening sentences against drunken violence including one-punch assaults.
The measures include minimum eight-year sentences for fatal one-punch assaults influenced by drugs or alcohol.
Liquor shops will close earlier and premises in parts of Sydney will have to stop serving drinks by 03:00.
The move comes after the death of an 18-year-old who was attacked in Sydney.
Campaigners called for measures tackling alcohol-fuelled violence after Daniel Christie died after being punched in Sydney's King's Cross area on New Year's Eve.
Another 18-year-old, Thomas Kelly, died after being punched in 2012.
New laws are to be introduced in Australia's New South Wales (NSW), toughening sentences against drunken violence including one-punch assaults.
The measures include minimum eight-year sentences for fatal one-punch assaults influenced by drugs or alcohol.
Liquor shops will close earlier and premises in parts of Sydney will have to stop serving drinks by 03:00.
The move comes after the death of an 18-year-old who was attacked in Sydney.
Campaigners called for measures tackling alcohol-fuelled violence after Daniel Christie died after being punched in Sydney's King's Cross area on New Year's Eve.
Another 18-year-old, Thomas Kelly, died after being punched in 2012.
'Coward punches'
Single-punch attacks have been described colloquially as "king hits". However, campaigners and families of victims have called for them to be referred to as "coward punches" instead.
In a statement, NSW Premier Barry O'Farrell said: "I have been horrified by the continued drug and alcohol-fuelled attacks on city streets and the increase in violence used in these attacks."
"The idea that it's OK to go out, get intoxicated, start a fight or throw a coward's punch is completely unacceptable."
"I expect opposition to some or all of the measures," he said. "These new measures are tough and for that I make no apologies."
The measures also include lockouts in parts of Sydney's central business district, where people will be prevented from entering venues after 01:30, and the introduction of a state-wide 10pm closing time for liquor stores.
Similar lockout laws are in place in NSW's Newcastle area, and South Australia.
Supporters say the laws have been successful in reducing alcohol-related violence, but some venue owners say the measures have hurt businesses and that other measures, such as increased policing, are more effective.
Thomas Kelly's parents said they welcomed the measures, which had gone "way above what we were asking for".
"It's bittersweet to know that the reform will come in shortly but it's also still terrible for us as a family," they said.
Thomas Kelly's attacker, Kieran Loveridge, was given a minimum four year sentence in November. Campaigners described the sentence as too lenient.
The Guardian - 26 February 2014
Man jailed for killing pedestrian with punch
Single-punch attacks have been described colloquially as "king hits". However, campaigners and families of victims have called for them to be referred to as "coward punches" instead.
In a statement, NSW Premier Barry O'Farrell said: "I have been horrified by the continued drug and alcohol-fuelled attacks on city streets and the increase in violence used in these attacks."
"The idea that it's OK to go out, get intoxicated, start a fight or throw a coward's punch is completely unacceptable."
"I expect opposition to some or all of the measures," he said. "These new measures are tough and for that I make no apologies."
The measures also include lockouts in parts of Sydney's central business district, where people will be prevented from entering venues after 01:30, and the introduction of a state-wide 10pm closing time for liquor stores.
Similar lockout laws are in place in NSW's Newcastle area, and South Australia.
Supporters say the laws have been successful in reducing alcohol-related violence, but some venue owners say the measures have hurt businesses and that other measures, such as increased policing, are more effective.
Thomas Kelly's parents said they welcomed the measures, which had gone "way above what we were asking for".
"It's bittersweet to know that the reform will come in shortly but it's also still terrible for us as a family," they said.
Thomas Kelly's attacker, Kieran Loveridge, was given a minimum four year sentence in November. Campaigners described the sentence as too lenient.
The Guardian - 26 February 2014
Man jailed for killing pedestrian with punch
Lewis Gill, 20, sentenced to four-an
d-a-half years for manslaughter after striking man in street
By Ben Quinn and agencies
Screengrab from CCTV footage of attack on Andrew Young
A man has been jailed for four-and-a-half years after killing a pedestrian with a punch to the head following a row with a cyclist about riding on the pavement.
Footage was released of the moment when Lewis Gill, 20, struck Andrew Young, who had become embroiled moments earlier in an argument with one of Gill's friends, Victor Ibitoye.
After Young argued with Ibitoye, telling him that cycling on the pavement was dangerous, Gill approached the pedestrian in broad daylight in a busy shopping area of Bournemouth and punched him in the face.
The CCTV footage showed Young, who was 40 years old, falling backwards following the sudden blow and striking his head on the road surface.
A number of passersby rushed to the aid of Young, who was rushed to hospital. He died the following day from his head injuries.
Gill was jailed at Salisbury crown court last Friday after he pleaded guilty to a charge of manslaughter, prompting Young's grieving mother, Pamela, to describe the sentence handed down as a "joke".
"I saw the CCTV footage in court and you can see that Andrew didn't cause Lewis Gill any harm," she said. "I sat with him when he died. I wish that awful man who took my son away had pleaded not guilty so he would have got a longer sentence.
"The sentence is an absolute joke. I'm a committed Christian, but I think that if someone takes a life, they should be prepared to forfeit their own.
"There have been many people who have committed manslaughter or murder in this country and they never even serve a full sentence."
The incident happened at 4.25pm on 6 November last year outside a Tesco Express in Charminster, Bournemouth. Young, who had Asperger's syndrome, was said to be able to speak several languages, but had the social skills of a 14-year-old.
The court heard he told Ibitoye during the argument that riding his bike on the pavement was a "dangerous activity". After the brief argument, Ibitoye cycled away from Young and apparently had no idea what Gill was about to do.
Kerry Maylin, prosecuting, said: "The defendant claims he was worried about Andrew Young because he thought he was being menacing. He said Andrew Young put his hand to his pocket and he thought he was going to pull out a knife or a gun."
A postmortem examination found that Young had no injuries to indicate that he had tried to defend himself.
The court was told that Gill punched Young after the victim allegedly made a racist remark.
Steven Perian, defending, added: "He wishes he could turn back the clock and not react in the way he did."
Jailing Gill, from Sutton, Surrey, judge Keith Cutler said that Young did not represent a threat to him, adding: "You are a powerfully built young man.
"You must have known that it was going to cause a significant injury and, very sadly, it did."
Gill was also sentenced to two three-month prison terms to run consecutively after committing the crime while on a suspended sentence for robbery and for handling stolen goods.
I am getting a bee in my bonnet over culpable homicide or manslaughter as the crime is known in other legal jurisdictions.
Now as far as I know the culpable homicide carries a maximum sentence of life in prison, the same tariff as murder although in cases of murder a life sentence is automatic.
But I've never heard of anyone being given a life sentence or even a very long prison sentence, say 15 years, for committing manslaughter or culpable homicide - and I'd like to know why?
Take the following case reported recently in the Times of a speeding driver who killed a passenger in his car through his reckless behaviour.
I don't think it really matters that much that James Neill didn't set out to intentionally kill Natasha Clark because he knew, or ought to have known, that driving at speeds of up to 110 miles per hour - was a tragedy waiting too happen.
And a young 17-year old girl lost her life as a result of his completely idiotic behaviour - so I would throw the book at him.
If a life sentence isn't intended for this kind of case, then you have to ask why we have it on the statute book in the first place.
Speeding driver James Neill admits killing Natasha Clark
Screengrab from CCTV footage of attack on Andrew Young
A man has been jailed for four-and-a-half years after killing a pedestrian with a punch to the head following a row with a cyclist about riding on the pavement.
Footage was released of the moment when Lewis Gill, 20, struck Andrew Young, who had become embroiled moments earlier in an argument with one of Gill's friends, Victor Ibitoye.
After Young argued with Ibitoye, telling him that cycling on the pavement was dangerous, Gill approached the pedestrian in broad daylight in a busy shopping area of Bournemouth and punched him in the face.
The CCTV footage showed Young, who was 40 years old, falling backwards following the sudden blow and striking his head on the road surface.
A number of passersby rushed to the aid of Young, who was rushed to hospital. He died the following day from his head injuries.
Gill was jailed at Salisbury crown court last Friday after he pleaded guilty to a charge of manslaughter, prompting Young's grieving mother, Pamela, to describe the sentence handed down as a "joke".
"I saw the CCTV footage in court and you can see that Andrew didn't cause Lewis Gill any harm," she said. "I sat with him when he died. I wish that awful man who took my son away had pleaded not guilty so he would have got a longer sentence.
"The sentence is an absolute joke. I'm a committed Christian, but I think that if someone takes a life, they should be prepared to forfeit their own.
"There have been many people who have committed manslaughter or murder in this country and they never even serve a full sentence."
The incident happened at 4.25pm on 6 November last year outside a Tesco Express in Charminster, Bournemouth. Young, who had Asperger's syndrome, was said to be able to speak several languages, but had the social skills of a 14-year-old.
The court heard he told Ibitoye during the argument that riding his bike on the pavement was a "dangerous activity". After the brief argument, Ibitoye cycled away from Young and apparently had no idea what Gill was about to do.
Kerry Maylin, prosecuting, said: "The defendant claims he was worried about Andrew Young because he thought he was being menacing. He said Andrew Young put his hand to his pocket and he thought he was going to pull out a knife or a gun."
A postmortem examination found that Young had no injuries to indicate that he had tried to defend himself.
The court was told that Gill punched Young after the victim allegedly made a racist remark.
Steven Perian, defending, added: "He wishes he could turn back the clock and not react in the way he did."
Jailing Gill, from Sutton, Surrey, judge Keith Cutler said that Young did not represent a threat to him, adding: "You are a powerfully built young man.
"You must have known that it was going to cause a significant injury and, very sadly, it did."
Gill was also sentenced to two three-month prison terms to run consecutively after committing the crime while on a suspended sentence for robbery and for handling stolen goods.
Culpable Homicide (January 2014)
I am getting a bee in my bonnet over culpable homicide or manslaughter as the crime is known in other legal jurisdictions.
Now as far as I know the culpable homicide carries a maximum sentence of life in prison, the same tariff as murder although in cases of murder a life sentence is automatic.
Take the following case reported recently in the Times of a speeding driver who killed a passenger in his car through his reckless behaviour.
I don't think it really matters that much that James Neill didn't set out to intentionally kill Natasha Clark because he knew, or ought to have known, that driving at speeds of up to 110 miles per hour - was a tragedy waiting too happen.
And a young 17-year old girl lost her life as a result of his completely idiotic behaviour - so I would throw the book at him.
If a life sentence isn't intended for this kind of case, then you have to ask why we have it on the statute book in the first place.
Speeding driver James Neill admits killing Natasha Clark
Neill had been driving at speeds of up to 110mph before the crash
A speeding driver who lost control of his car on a country road has admitted causing the death of a teenage girl.
James Neill, 35, from Tarbert, Argyll, crashed his Honda Civic on the A83, near Erines, on 20 August 2012.
His three passengers were injured, including 17-year-old Natasha Clark, who later died in hospital.
The High Court in Paisley heard how Neill had driven at speeds of up to 110mph. Sentence was deferred and he was remanded in custody.
The court head how Neill was repeatedly told to slow down and "stop pushing it" by his three passengers.
A speeding driver who lost control of his car on a country road has admitted causing the death of a teenage girl.
James Neill, 35, from Tarbert, Argyll, crashed his Honda Civic on the A83, near Erines, on 20 August 2012.
His three passengers were injured, including 17-year-old Natasha Clark, who later died in hospital.
The High Court in Paisley heard how Neill had driven at speeds of up to 110mph. Sentence was deferred and he was remanded in custody.
The court head how Neill was repeatedly told to slow down and "stop pushing it" by his three passengers.
Boulder hit
One local motorist, Davie Russell, who was driving in the opposite direction before the crash, told police that it was the fastest he had ever seen a car travelling on that road.
Neill lost control of the car as it entered a bend heading towards Tarbert. It was later estimated he had been driving in excess of 70mph at the time.
The vehicle spun over to the side of the road and hit a huge boulder, then bounced back into the centre of the road.
The force of the impact trapped 17-year-old Natasha and her friend Sandra Harvey, who were in the back seat.
Neill and his friend Sean McGregor, who were in the front, sustained minor injuries.
Ms Clark, who worked as a shop assistant at the Co-op in Lochgilphead, was airlifted to Glasgow Royal Infirmary, but died the following day from multiple injuries.
Ms Harvey suffered a broken leg and a suspected spinal injury.
One local motorist, Davie Russell, who was driving in the opposite direction before the crash, told police that it was the fastest he had ever seen a car travelling on that road.
Neill lost control of the car as it entered a bend heading towards Tarbert. It was later estimated he had been driving in excess of 70mph at the time.
The vehicle spun over to the side of the road and hit a huge boulder, then bounced back into the centre of the road.
The force of the impact trapped 17-year-old Natasha and her friend Sandra Harvey, who were in the back seat.
Neill and his friend Sean McGregor, who were in the front, sustained minor injuries.
Ms Clark, who worked as a shop assistant at the Co-op in Lochgilphead, was airlifted to Glasgow Royal Infirmary, but died the following day from multiple injuries.
Ms Harvey suffered a broken leg and a suspected spinal injury.
Speeding denial
The court heard that in the immediate aftermath of the crash, Mr McGregor rushed back to try to help the two women and shouted to Neill to get help.
At this point Neill said: "I wasn't speeding."
Neill then used his mobile phone to call a friend. He told her he had crashed the car and asked if she could come and get him.
Minutes later other cars stopped at the scene. One of the drivers called the emergency services and then helped a medical student to assist Ms Clark until the paramedics arrived.
Neill pleaded guilty to causing the death of Ms Clark by driving dangerously and at excessive speed.
Judge Lord Stewart deferred sentence on Neill until next month for background reports and remanded him in custody.
The court heard that in the immediate aftermath of the crash, Mr McGregor rushed back to try to help the two women and shouted to Neill to get help.
At this point Neill said: "I wasn't speeding."
Neill then used his mobile phone to call a friend. He told her he had crashed the car and asked if she could come and get him.
Minutes later other cars stopped at the scene. One of the drivers called the emergency services and then helped a medical student to assist Ms Clark until the paramedics arrived.
Neill pleaded guilty to causing the death of Ms Clark by driving dangerously and at excessive speed.
Judge Lord Stewart deferred sentence on Neill until next month for background reports and remanded him in custody.
