We’ve had a series of fatal and near-fatal one-punch assaults in Queensland recently, several captured on CCTV. An even worse case, except that by pure luck the victim managed to put out his hands and avoid a severe head impact was shown recently. One attacker holds the victim to let a second punch him, after which the first (much bigger) attacker delivers a “king hit” and walks off.
What shocked me about this was the alleged attacker’s lawyer, who claimed that he might have a defence of “provocation”. This medieval defence was scaled back after it was used, successfully, by a man who beat his girlfriend to death with a steering wheel lock in 2005 as a result of jealousy, but it apparently remains available to street thugs whose attacks don’t cause grievous bodily harm.
When combined with recent “one-punch” laws, the result is an absurdity. A thug who throws a punch in response to an insult* can’t predict what will happen next. If the victim falls the wrong way and dies, it’s a mandatory 15-year minimum. But if the victim is lucky, so is the thug – he can get off scot-free, or nearly so, with a defence of provocation.
Regrettably, but predictably, the Queensland Law Society has sought to maintain this barbaric defence at every stage. The Law Society’s determination to keep every possible defence open, no matter how anachronistic, undermines more reasonable concerns they have raised with respect to issues such as mandatory minimum sentences.
* Actual or claimed