We’ve joined forces with Danny Green to fix flawed Coward Punch laws
The Pat Cronin Foundation and Danny Green’s Stop the Coward Punch (STCP) Campaign have called on the Victorian Government to review Coward Punch laws, pressing for an urgent overhaul as they reach their 10th anniversary.
The legislation has only been used once since being introduced on September 18, 2014.
The laws originally promised a minimum non-parole period of 10 years for fatal coward punches out of the “need to send a very clear message about the tragic consequences that can flow from a moment of violence”. Our call to overhaul Victoria’s flawed Coward Punch laws is louder than ever, fuelled by major media coverage.
What the Foundation says about the legislation:
Because of loopholes, these laws aren’t doing what they are supposed to – which is to ensure that cowards who attack unsuspecting victims are held to account with lengthy jail terms.
“The 10-year milestone for the legislation makes it the perfect time to acknowledge it has fallen far short of the original intentions as well as community expectations.”
While the Foundation has provided violence-prevention education in about 60 per cent of Victorian high schools, we believe real cultural change also needs strong legal support.
What Danny Green’s Stop the Coward Punch Campaign says:
“Each Coward Punch death is absolutely tragic but reminds us that survivors face lifelong recovery and often face significant cognitive, psychological, and economic damage that haunts survivors long after physical wounds heal.
“This anti-social and criminal behaviour must stop. It happens in social settings and in the home, affecting not just the victims but their families and communities.
“On this 10th anniversary, it’s time to pause and reflect and to call on Governments around Australia to do more to stop this scourge in our community. We need stronger preventative measures, more effective support systems for victims, and harsher penalties for perpetrators.
“It is imperative that we come together as a society to eliminate this violence and ensure a safer environment for everyone. The time for change is now.”
Victoria’s Coward Punch laws at a glance:
- Victoria’s Coward Punch laws (Sentencing Act 1991 – Sec 9C) require prosecutors to prove four key elements including that the punch was deliberate, it was to the head or neck, that the victim would not have expected it, and that the attacker probably knew the victim was not expecting to be punched.
- The major loophole of the legislation is that “the offender intended that the punch or strike be delivered to the victim’s head or neck” – a condition which has proven extremely difficult to ascertain.
- The legislation was introduced by the Napthine Government. In a joint media release, Dr Napthine and then Attorney-General Robert Clark stated the Government was building a safer Victoria by being tough on crime.
- Dr Napthine stated: “A single punch to the head without warning can too often cause death or lifelong injuries. We need to send 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.”
Since 2000, more than 170 Australians have been killed by a Coward Punch. Additionally, over 10,000 victims of violent assault (excluding domestic violence) are hospitalised each year, with many sustaining lifelong disabilities.
Support from media outlets
The Melbourne Herald Sun featured the campaign prominently on its front page, with the headline Cowards’ Way Out, highlighting the inadequacies of current legislation. It also posted the story to its 450,000 Facebook followers, and led with the issue in a mail-out to subscribers.
Significantly, the issue was the subject of its daily editorial, which stated:
“The legislation should be amended to underline the legal principle of a “reasonable person” accepting there is a high risk of death and serious injury from their actions when a non-threatening victim is king hit.
“If more lives can be saved by an amendment to the legislation that sends a clear expectation that the senseless violence of coward-punch deaths will result in minimum 10-year jail terms, reckless thugs might think twice about swinging their fists.”
As well, the topic has gained prime air time, with ABC Radio’s Charlie Pickering interviewing Pat Cronin Foundation director Matt Cronin on its Drive Show (full clip below), in addition to coverage by 3AW Melbourne and Ten News Melbourne.
The attention has underscored a public sentiment that demands a change in how these attacks are treated under the law.
