Coward punch thugs face 10 years’ jail under
EXCLUSIVE: THE mother of David Cassaii, who was killed on New Year’s Eve in 2012, believes a 10-year jail minimum for one-punch killers, to be unveiled in State Parliament this week, will help address a “gross lack of justice”.
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ONE-punch killers will spend at least 10 years in jail under a tough new law to be unveiled in State Parliament this week.
And under the new anti-violence crackdown, anyone convicted of manslaughter in a gang attack will also have to serve a decade behind bars.
The new legislation, to be introduced by Attorney-General Robert Clark, will give Victoria the strongest laws relating to one-punch deaths in Australia and comes after a number of such killings around the nation.
EDITORIAL: One punch now equals 10 years
The tough laws follow a spate of violent and often deadly attacks on Melbourne streets.
Victorian victims of one-punch attacks include Shannon McCormack, Ryan Ellis, Justin Galligan, Beau Lawson, Cameron Lowe, Nathan Alsop and Canadian tourist Cain Aguiar.
The new regime will see anyone who punches or strikes someone in the head without warning, causing their death, guilty of manslaughter with a 10-year statutory minimum non-parole period.
In contrast, NSW earlier this year introduced eight-year mandatory minimum sentences for fatal one-punch attacks where alcohol or drugs were involved.
The 10-year sentence under the new Victorian law will apply whether the death is caused by the punch, or by the person striking their head as they fall.
Premier Denis Napthine said a single punch was a dangerous act that could kill, and there was no excuse for such violence.
“A single punch to the head without warning can too often cause death or lifelong injuries. Often victims are young people with their whole lives ahead of them,” he said.
“We need to send a very clear message about the tragic consequences that can flow from a moment of violence.
“We also need to drive home to would-be offenders that they will spend a long time in jail if they resort to such violence.”
The Sunday Herald Sun has campaigned for the coward punch laws since 2007 and the changes were yesterday welcomed by campaigners against alcohol-fuelled violence.
Hugh van Cuylenburg, CEO of the Step Back. Think. campaign, founded in the wake of the horrific injuries sustained by on punch victim James Macready-Bryan in 2006, backed the law.
“I think it really accurately reflects society’s view on this whole issue,” he said. “Everyone’s had enough of street violence. This is about taking a stand from a deterrence point of view, saying this sort of violence won’t be tolerated.”
Attorney-General Robert Clark said the legislation would also mandate long stretches in prison for vicious gang attacks that caused death.
“There have been horrific and terrifying attacks in which gangs viciously kick and stomp a victim, resulting in death,” he said. “This will better protect the community by deterring these gang attacks and by putting violent gang offenders behind bars for longer.”
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THE PAIN THAT WON’T GO AWAY
- Caterina Politi
THERE is nothing more heartbreaking for any mother than losing a son.
On New Year’s Eve 2012, I received a phone call that no mother ever wants to hear.
I was told my beautiful 22-year-old son David Cassai had been attacked by a group of young men in Rye, he had been resuscitated and was to be taken by air ambulance to The Alfred hospital.
Hours later, doctors told me there was nothing more they could do for David, such was the trauma he suffered from one devastating punch to the head.
My son’s life was ended in a split second when a closed fist became an instant weapon in a mindless act of aggression.
Life-support machines kept David’s heart beating for another 30 hours to give us all time to say the hardest goodbye and also so David’s organs could be harvested as he mentioned in previous conversations that was something he wanted to do.
To further understand David’s character about 30 minutes before this senseless attack David paid for a stranger’s bus fare from the Portsea Hotel, but that was not enough to keep him from danger.
The case is before the courts so I’m limited in what I can say. However, my focus since David’s death has been to prevent other mother’s from going through the same anguish.
Surely it is a basic human right for any person to walk down the street and not be ambushed, hurt or killed?
For this reason, family and friends of David decided to launch the “STOP. One Punch Can Kill” campaign to lobby the State Government to introduce minimum sentences for one-punch perpetrators and to raise awareness that one punch can and does kill.
We held a rally in Doncaster, sold and gave away wristbands and T-shirts to support the key message while a petition collected more than 11,000 signatures. Our Facebook page has attracted more than 10,000 “likes”.
I believe a 10-year minimum is appropriate for one-punch/coward/king hit/death by punch.
This minimum will be the new zero and judges should be able to add to that depending on individual circumstances.
We all need to work together to change attitudes and I thank the Victorian Government’s proactive change to address this gross lack of justice.