New laws to deal with 'one punch' deaths

In an Australian first, offenders in Western Australia will no longer be able to walk free unpunished after killing another person in what is commonly referred to as a 'one punch death'.

Attorney General Jim McGinty said a new offence, unlawful assault causing death, would ensure people who caused a death by assaulting another were held accountable for their actions. The new law would be introduced to Parliament next week.

"In recent years, several young men, each facing charges of manslaughter following separate incidents, have been acquitted and allowed to walk free or have been convicted of a lesser crime such as assault," Mr McGinty said.

"Meanwhile, the families of the men who died are understandably angry that the men who assaulted their loved ones are able to just get on with their lives.  They feel let down by the justice system and their feelings are shared by the general public.

"This is an age old problem that is also experienced in other parts of Australia and throughout the world.  WA will be the first State to rectify this grave injustice.

"Regrettably, all too frequently, a scenario arises when a victim receives a blow, falls to the ground, hitting his head on concrete or some other hard surface, and dies from the injury to the head. Under section 23 of the Criminal Code, a person is not criminally responsible for an act or omission which occurs by accident.  An incident is described as an accident if it is not intended, not foreseen and not reasonably foreseeable. 

"Because of this, manslaughter charges in these cases are often unsuccessful."

The new law will read:

Unlawful assault causing death

1.            if a person unlawfully assaults another who dies as a direct or indirect result of the assault, the person is guilty of a crime and is liable to imprisonment for 10 years.

2.            a person is criminally responsible under subsection (1) even if the person does not intend or foresee the death of the other person and even if the death was not reasonably foreseeable.

The new offence of unlawful assault causing death will be available as an alternative verdict to murder and manslaughter. This is expected to result in a greater number of successful convictions.