1 00:00:00,240 --> 00:00:02,080 Speaker 1: The government here on a bit of a role with 2 00:00:02,160 --> 00:00:05,240 Speaker 1: law and order announcements. Cowd punches will now be made 3 00:00:05,280 --> 00:00:09,559 Speaker 1: a specific offense punishment eight years or fifteen years if 4 00:00:09,600 --> 00:00:13,080 Speaker 1: you intend grievous bodily harm. If a victim dies following 5 00:00:13,119 --> 00:00:17,720 Speaker 1: an attack, the maximum penalty is life, and new offenses 6 00:00:17,880 --> 00:00:21,600 Speaker 1: will be added to the three strikes legislation the regime. 7 00:00:22,160 --> 00:00:25,200 Speaker 1: Juliane Kincaid is a case c Vice president of the 8 00:00:25,320 --> 00:00:29,360 Speaker 1: Law Association. With me this morning, Jullian, Good morning, Good 9 00:00:29,400 --> 00:00:31,640 Speaker 1: morning Ryan, Thanks for being with me. Do you think 10 00:00:31,760 --> 00:00:33,760 Speaker 1: these changes will make a difference. 11 00:00:35,240 --> 00:00:39,319 Speaker 2: I think that they are cosmetic. I understand there has 12 00:00:39,400 --> 00:00:41,720 Speaker 2: been a lot of discussion looking for a form in 13 00:00:41,720 --> 00:00:45,560 Speaker 2: this area, but in effect, what these changes will do 14 00:00:45,760 --> 00:00:49,400 Speaker 2: is add one year to the maximum penalty of offenses 15 00:00:49,440 --> 00:00:53,280 Speaker 2: which already exist. So I don't think that in reality 16 00:00:53,600 --> 00:00:56,920 Speaker 2: they will have huge impact on any particular case. 17 00:00:57,320 --> 00:01:00,240 Speaker 1: Is that because judges will use their discus. 18 00:01:02,200 --> 00:01:05,840 Speaker 2: Look Sentencing in any case is always very complex, and 19 00:01:05,920 --> 00:01:08,280 Speaker 2: when we look at assault charges in particular, we look 20 00:01:08,319 --> 00:01:10,200 Speaker 2: first of all at the harm that was caused, the 21 00:01:10,240 --> 00:01:13,400 Speaker 2: grievous fully harm or was it an injury, and then 22 00:01:13,480 --> 00:01:17,040 Speaker 2: we look at the intent behind it, which helps us 23 00:01:17,080 --> 00:01:20,959 Speaker 2: to choose which one of the myriad of assault charges 24 00:01:20,959 --> 00:01:23,399 Speaker 2: there are. There's at least over thirteen already in the 25 00:01:23,400 --> 00:01:26,760 Speaker 2: Crimes Act. This is adding another two. The fact that 26 00:01:26,800 --> 00:01:31,120 Speaker 2: they're also putting these onto the three strikes legislation isn't 27 00:01:31,160 --> 00:01:34,040 Speaker 2: the difference because of the offenses that already exist are 28 00:01:34,160 --> 00:01:37,480 Speaker 2: strike offenses as well. And also the fact that the 29 00:01:37,640 --> 00:01:40,680 Speaker 2: maximum penalty in a culpable homicide in a case of 30 00:01:40,680 --> 00:01:43,160 Speaker 2: this nature is one of life imprisonment is not a 31 00:01:43,240 --> 00:01:45,800 Speaker 2: change and that's already the case, right, So I think 32 00:01:45,840 --> 00:01:48,560 Speaker 2: it's quite cosmetic, Okay. 33 00:01:49,400 --> 00:01:54,080 Speaker 1: Do those who perperpetrate these types of attacks think about 34 00:01:54,200 --> 00:01:55,440 Speaker 1: the sentence when they're doing it? 35 00:01:55,480 --> 00:02:00,280 Speaker 2: Typically, well, no, of course not often that type of 36 00:02:00,280 --> 00:02:03,920 Speaker 2: offense who cars at night when people are perhaps have 37 00:02:03,960 --> 00:02:06,200 Speaker 2: had a few drinks and so on. I don't think 38 00:02:06,240 --> 00:02:10,000 Speaker 2: it would stop anyone in that particular situation. It doors 39 00:02:10,040 --> 00:02:14,360 Speaker 2: allow for advertising, however, as it's happened in Australia, and 40 00:02:14,360 --> 00:02:16,440 Speaker 2: this is a law that does exist in some states 41 00:02:16,480 --> 00:02:21,040 Speaker 2: in Australia, there's no comparable legislation in England. I would 42 00:02:21,080 --> 00:02:23,000 Speaker 2: like to add one thing round that an attack to 43 00:02:23,040 --> 00:02:26,760 Speaker 2: the head is already an aggravating feature for assault cases. 44 00:02:27,360 --> 00:02:31,680 Speaker 2: Whether it's one punch or several, it's already a factor 45 00:02:31,680 --> 00:02:34,079 Speaker 2: which is very much taken into account and sentencing. 46 00:02:34,360 --> 00:02:36,880 Speaker 1: This is different, though, isn't it. This is a punch 47 00:02:37,160 --> 00:02:39,960 Speaker 1: you had no warning about, you didn't see coming. You 48 00:02:40,000 --> 00:02:42,600 Speaker 1: can't brace yourself, you can't defend yourself. 49 00:02:43,520 --> 00:02:47,680 Speaker 2: Yes, look thankfully that these cases do exist. Of course 50 00:02:47,720 --> 00:02:51,520 Speaker 2: they do. And there was one widely publicized case where 51 00:02:51,560 --> 00:02:55,000 Speaker 2: people were concerned with the sentencing, which led to a 52 00:02:55,000 --> 00:02:58,280 Speaker 2: lot of discussion on this, and I'm lawyers are always 53 00:02:58,720 --> 00:03:02,040 Speaker 2: very cautious about any legislation that arises out of one 54 00:03:02,080 --> 00:03:07,359 Speaker 2: particular case. There are as a long line of authorities 55 00:03:07,680 --> 00:03:10,639 Speaker 2: for situations where this type of one punch has occurred, 56 00:03:10,880 --> 00:03:14,320 Speaker 2: and judges have been sentencing in this category for a 57 00:03:14,400 --> 00:03:16,840 Speaker 2: very long time and most of the time it doesn't 58 00:03:16,880 --> 00:03:20,160 Speaker 2: cause anyone any concern at all. Appreciate now, and again 59 00:03:20,240 --> 00:03:22,800 Speaker 2: there can be some cases which day so we shouldn't 60 00:03:22,880 --> 00:03:27,239 Speaker 2: legislates on the basis of those one or two situations. 61 00:03:27,440 --> 00:03:30,480 Speaker 1: But why not, because that's one or two families who 62 00:03:30,520 --> 00:03:33,640 Speaker 1: don't feel they've had justice, some guy who's come up 63 00:03:33,680 --> 00:03:36,960 Speaker 1: behind their son, their brother, their husband, while they's out 64 00:03:36,960 --> 00:03:39,080 Speaker 1: having a good time, punched them from the back of 65 00:03:39,080 --> 00:03:39,400 Speaker 1: the heat. 66 00:03:39,520 --> 00:03:41,160 Speaker 2: I mean, who key. 67 00:03:41,000 --> 00:03:43,280 Speaker 1: Is what's wrong with their dislading for one or two cases, 68 00:03:43,840 --> 00:03:44,480 Speaker 1: because it's. 69 00:03:44,360 --> 00:03:47,000 Speaker 2: Very difficult to take all of the factors in that 70 00:03:47,080 --> 00:03:50,440 Speaker 2: one case and then apply them right across the board 71 00:03:50,440 --> 00:03:53,880 Speaker 2: for everyone. There's so many different factors that apply in 72 00:03:54,000 --> 00:03:57,720 Speaker 2: all sorts of cases, including assault cases, and in my 73 00:03:57,960 --> 00:04:02,400 Speaker 2: respectful opinion, they're all be very much covered in all 74 00:04:02,440 --> 00:04:05,800 Speaker 2: of the legislations. But often families are very unhappy with 75 00:04:05,880 --> 00:04:09,520 Speaker 2: outcoming cases, But it doesn't mean that the legislation that 76 00:04:09,560 --> 00:04:13,800 Speaker 2: sits behind them is in fact wrong or not working properly. Julian, 77 00:04:13,960 --> 00:04:15,680 Speaker 2: that's a different feature. I appreciate. 78 00:04:15,680 --> 00:04:18,599 Speaker 1: I appreciate your time this morning, Julian kink Casey, vice 79 00:04:18,640 --> 00:04:20,880 Speaker 1: President of the Law Association. 80 00:04:20,360 --> 00:04:23,480 Speaker 2: With for more from Early Edition with Ryan Bridge. 81 00:04:23,560 --> 00:04:25,080 Speaker 1: Listen live to news Talks. 82 00:04:25,120 --> 00:04:28,400 Speaker 2: It'd be from five am weekdays, or follow the podcast 83 00:04:28,440 --> 00:04:29,320 Speaker 2: on iHeartRadio.