A recent study has found that ‘One Punch Assaults’ have cost 90 Australian lives since 2000, most fuelled by drugs and alcohol abuse. Due to the increase in Youth Violence, Queensland’s Newman Government, as part of its Safe Night Out Legislation Amendment Act, 2014 has introduced the offence of ‘Unlawful Striking causing death.’ This recently developed law has a tougher penalty than manslaughter because it eliminates certain defences that are available under the charge of manslaughter.
In the Criminal Code 1899, (QLD) Section 314A states that for the offence of Unlawful striking causing death, the prosecution must prove beyond reasonable doubt that the defendant unlawfully struck another person to the head or neck and caused the death …show more content…
Article 3 of the Universal declaration of Human rights states “Everyone has the right to life, liberty and security of person.” Although he was acting inappropriately I believe she used unnecessary force when she should’ve removed herself from the situation. As he wasn’t physically violent or harassing, I believe that she reacted violently and …show more content…
Mr. Ede was walking along Albert St about 1.30pm when he was allegedly assaulted before falling and hitting his head on concrete; the unprovoked attack resulted in the death of Mr. Ede. After 12 months, the accused will finally stand trial charged on the crime of “Unlawful Striking causing Death.” The defendant, Mr. Mayot will be the first person in the state to be charged with this crime. Another prevalent case in regards to this issue was the horrific attack of an 18-year-old aspiring Water polo player, Cole Miller. He was walking home from a night out in Fortitude Valley, when he was struck in the head. He was an innocent victim and did not provoke or instigate the attack; he was simply targeted at random. These cases attained an abundance of publicity and informed the public on this issue. After being influenced by public media to make the change towards instilling harsher penalties for these types of crimes. However Law Officials have nothing but backlash to say about the adjustment to the law. The new law carries mandatory sentencing in its penalty provision. Queensland Law Society has expressed concern that this sentencing under this new offence reduces the rights and liberties of Queensland Individuals and mirrors the comments of the former Sentencing Advisory Council in stating that it “also risks having a disproportionate impact on vulnerable offenders, including Aboriginal and Torres Strait
In the Criminal Code 1899, (QLD) Section 314A states that for the offence of Unlawful striking causing death, the prosecution must prove beyond reasonable doubt that the defendant unlawfully struck another person to the head or neck and caused the death …show more content…
Article 3 of the Universal declaration of Human rights states “Everyone has the right to life, liberty and security of person.” Although he was acting inappropriately I believe she used unnecessary force when she should’ve removed herself from the situation. As he wasn’t physically violent or harassing, I believe that she reacted violently and …show more content…
Mr. Ede was walking along Albert St about 1.30pm when he was allegedly assaulted before falling and hitting his head on concrete; the unprovoked attack resulted in the death of Mr. Ede. After 12 months, the accused will finally stand trial charged on the crime of “Unlawful Striking causing Death.” The defendant, Mr. Mayot will be the first person in the state to be charged with this crime. Another prevalent case in regards to this issue was the horrific attack of an 18-year-old aspiring Water polo player, Cole Miller. He was walking home from a night out in Fortitude Valley, when he was struck in the head. He was an innocent victim and did not provoke or instigate the attack; he was simply targeted at random. These cases attained an abundance of publicity and informed the public on this issue. After being influenced by public media to make the change towards instilling harsher penalties for these types of crimes. However Law Officials have nothing but backlash to say about the adjustment to the law. The new law carries mandatory sentencing in its penalty provision. Queensland Law Society has expressed concern that this sentencing under this new offence reduces the rights and liberties of Queensland Individuals and mirrors the comments of the former Sentencing Advisory Council in stating that it “also risks having a disproportionate impact on vulnerable offenders, including Aboriginal and Torres Strait