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Aus - Bill to combat brawl deaths sets blood-alcohol level at .15 for 'intoxication'
People will be found to be "intoxicated" under the NSW government's proposed new one-punch laws if they have a blood-alcohol level equivalent to those of people charged with high-range drink driving offences.
Premier Barry O'Farrell on Thursday tabled the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014, which defines intoxication as a blood-alcohol concentration of .15 - three times the .05 level used to measure low-range drink driving offences. It is expected the bill will be passed by the Parliament with the support of the Labor opposition.
Mr O'Farrell said the purpose of the bill was "to make our streets safer by introducing new measures to tackle drug and alcohol-related violence".
"The NSW government has heard the community's call for action. We are committed to continuing to address the drug and alcohol-fuelled attacks on our street and the increase in violence that is used in those attacks."
The bill says that there will be a "conclusive presumption of intoxication if the accused has more than .15 concentration of alcohol following a breath or blood sample analysis".
The legislation creates a separate offence with a minimum mandatory sentence of eight years and a maximum penalty of 25 years in jail for an assault causing death if the offence is committed by an adult when intoxicated - whether under the influence of alcohol or drugs.
A person who is not intoxicated will face a maximum penalty of 20 years in jail for hitting a person and causing their death whether or not they died as a result of the injuries received directly from the assault, or from hitting the ground or another object.
Alex Wodak, the director of the Alcohol and Drug Service at St Vincent's Hospital in Sydney said the .15 blood-alcohol level was the level at which car drivers start to be charged with "high-range prescribed concentration of alcohol".
"That comes from a huge body of research into blood alcohol and risk of a car crash. But this figure has been plucked out of the air," Dr Wodak said.
"Some will be unconscious at this blood level and most will be very drunk ... But some drinking, say, three bottles of wine per day might be little affected. So the risk is that some [who are] innocent might be found guilty."
The proposed law requires that a breath test be taken within two hours of the alleged offence.
A blood or urine sample can only be required within four hours after the alleged offence.
A person may be taken and detained at a hospital for the purpose of taking a blood or urine sample.
Professor Alex Steel, a criminal law expert from the University of NSW, said the new offence was broader than for just dealing with "coward punches". It includes everyone who causes a person's death as a result of a fight.
"If an intoxicated person is goaded and provoked into a fight – even if they don't throw the first punch – they could be facing mandatory imprisonment," he said.
"The problem with mandatory imprisonment is that its only real effect is injustice.
"If the accused deserves eight years' imprisonment, the court system will impose that anyway, either at trial or on appeal.
"So the legislation only forces these terms when the courts think that it would be wrong to impose that sentence."
Professor Steel said that, if the Parliament thinks the courts are too lenient, it should appeal and seek a guideline judgment.
"That approach worked well for drink driving," he said.
NSW Greens MP and justice spokesman David Shoebridge said the legislation would cause injustice when it likely becomes law on Thursday.
"It is astounding that MPs first received a copy of this bill at 9.45am today and will be voting on it in a matter of hours," he said.
"Regardless of extreme provocation, regardless of intent and even if the consequences were wildly unlikely, there will be an eight-year minimum jail term."
The legislation is part of a raft of new measures announced by the Premier last week to combat alcohol-fuelled violence in Kings Cross and the Central Business District.
The bill also contains the final boundaries of the new "Sydney CBD Entertainment Precinct" where the new 1.30am lockouts and 3am "last drinks" rules will apply.
There was criticism last week that the map was unclear and publicans on the border did not know if the new laws applied to them.
The precinct runs along Cowper Wharf Roadway in Woolloomooloo, up Macleay and Victoria Streets in Potts Point and along Campbell Street, Darlinghurst.
Its western border cuts along Harbour Street and Hickson Road, taking in Cockle Bay but excluding Barangaroo, the site of James Packer's proposed casino.
Restaurants, small bars holding less than 60 people and hotel bars will be exempt from the changes.
Lord mayor Clover Moore and others have expressed concern patrons will migrate to venues outside the border to escape the restrictions and continue drinking in the early hours of the morning.
The government says the boundaries can be extended if required.
Read more: http://www.smh.com.au/nsw/bill-to-c...ntoxication-20140130-31oh9.html#ixzz2rqkbQDJs
People will be found to be "intoxicated" under the NSW government's proposed new one-punch laws if they have a blood-alcohol level equivalent to those of people charged with high-range drink driving offences.
Premier Barry O'Farrell on Thursday tabled the Crimes and Other Legislation Amendment (Assault and Intoxication) Bill 2014, which defines intoxication as a blood-alcohol concentration of .15 - three times the .05 level used to measure low-range drink driving offences. It is expected the bill will be passed by the Parliament with the support of the Labor opposition.
Mr O'Farrell said the purpose of the bill was "to make our streets safer by introducing new measures to tackle drug and alcohol-related violence".
"The NSW government has heard the community's call for action. We are committed to continuing to address the drug and alcohol-fuelled attacks on our street and the increase in violence that is used in those attacks."
The bill says that there will be a "conclusive presumption of intoxication if the accused has more than .15 concentration of alcohol following a breath or blood sample analysis".
The legislation creates a separate offence with a minimum mandatory sentence of eight years and a maximum penalty of 25 years in jail for an assault causing death if the offence is committed by an adult when intoxicated - whether under the influence of alcohol or drugs.
A person who is not intoxicated will face a maximum penalty of 20 years in jail for hitting a person and causing their death whether or not they died as a result of the injuries received directly from the assault, or from hitting the ground or another object.
Alex Wodak, the director of the Alcohol and Drug Service at St Vincent's Hospital in Sydney said the .15 blood-alcohol level was the level at which car drivers start to be charged with "high-range prescribed concentration of alcohol".
"That comes from a huge body of research into blood alcohol and risk of a car crash. But this figure has been plucked out of the air," Dr Wodak said.
"Some will be unconscious at this blood level and most will be very drunk ... But some drinking, say, three bottles of wine per day might be little affected. So the risk is that some [who are] innocent might be found guilty."
The proposed law requires that a breath test be taken within two hours of the alleged offence.
A blood or urine sample can only be required within four hours after the alleged offence.
A person may be taken and detained at a hospital for the purpose of taking a blood or urine sample.
Professor Alex Steel, a criminal law expert from the University of NSW, said the new offence was broader than for just dealing with "coward punches". It includes everyone who causes a person's death as a result of a fight.
"If an intoxicated person is goaded and provoked into a fight – even if they don't throw the first punch – they could be facing mandatory imprisonment," he said.
"The problem with mandatory imprisonment is that its only real effect is injustice.
"If the accused deserves eight years' imprisonment, the court system will impose that anyway, either at trial or on appeal.
"So the legislation only forces these terms when the courts think that it would be wrong to impose that sentence."
Professor Steel said that, if the Parliament thinks the courts are too lenient, it should appeal and seek a guideline judgment.
"That approach worked well for drink driving," he said.
NSW Greens MP and justice spokesman David Shoebridge said the legislation would cause injustice when it likely becomes law on Thursday.
"It is astounding that MPs first received a copy of this bill at 9.45am today and will be voting on it in a matter of hours," he said.
"Regardless of extreme provocation, regardless of intent and even if the consequences were wildly unlikely, there will be an eight-year minimum jail term."
The legislation is part of a raft of new measures announced by the Premier last week to combat alcohol-fuelled violence in Kings Cross and the Central Business District.
The bill also contains the final boundaries of the new "Sydney CBD Entertainment Precinct" where the new 1.30am lockouts and 3am "last drinks" rules will apply.
There was criticism last week that the map was unclear and publicans on the border did not know if the new laws applied to them.
The precinct runs along Cowper Wharf Roadway in Woolloomooloo, up Macleay and Victoria Streets in Potts Point and along Campbell Street, Darlinghurst.
Its western border cuts along Harbour Street and Hickson Road, taking in Cockle Bay but excluding Barangaroo, the site of James Packer's proposed casino.
Restaurants, small bars holding less than 60 people and hotel bars will be exempt from the changes.
Lord mayor Clover Moore and others have expressed concern patrons will migrate to venues outside the border to escape the restrictions and continue drinking in the early hours of the morning.
The government says the boundaries can be extended if required.
Read more: http://www.smh.com.au/nsw/bill-to-c...ntoxication-20140130-31oh9.html#ixzz2rqkbQDJs
