The issue of one punch deaths has become a reoccurring topic and issue; presenting a clear challenge in the administration of criminal justice in Australia. I believe that the law must adapt to societies’ changing expectations and views, and the introduction of mandatory minimum sentencing of 8 years imprisonment for one punch attacks that result in death, is a huge step in the right direction, in eradicating this dreadful behaviour and bringing justice to the victim's families and society alike.
An example of a real-life event that has influenced these changes in the law, involves the death of Brazilian man Lucio Rodrigues. Nicholas Lambaditis pleaded guilty to manslaughter after assaulting Mr Rodrigues outside a pub in Sydney. Lambaditis punched Mr Rodrigues in the face, in an alcohol fuelled unprovoked attack, causing him to fall to the footpath. He died two days later in hospital. Lambaditis was sentenced to a maximum of nine years prison, following the tough new “one punch” laws to deter future attacks. Below is the news report (video) directly relating to this particular attack.
My understanding is that the relevant law in NSW in relation to this attack involves s25A(1)(a)-(c) of the Crimes Act 1900 (NSW). Lambaditis is guilty of the offence (assault causing death) under the subsection of assaulting another person intentionally, by hitting them with any part of their body, resulting in the death of that person, the assault is inexcusable by law.
My understanding is that the relevant law in NSW in relation to this attack involves s25A(1)(a)-(c) of the Crimes Act 1900 (NSW). Lambaditis is guilty of the offence (assault causing death) under the subsection of assaulting another person intentionally, by hitting them with any part of their body, resulting in the death of that person, the assault is inexcusable by law.
These attacks are inexcusable and this event is just one example of someone prosecuted under the new mandatory sentencing. However, I strongly believe that further consolidations within the law need to be evaluated and enacted to further deter this unlawful behaviour and prevent future attacks. Essentially, the introduction of mandatory minimum sentence is a very strong step in the right direction towards abolishing this disturbing behaviour; and represents a clear example of how the law is working towards mirroring society's expectations and views.
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