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International Journal for Crime, Justice and Social Democracy Queensland University of Technology 2202-8005 The International Journal for Crime, Justice and Social Democracy is an open access, blind peer-reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world.  The Journal is committed to democratising quality knowledge production and dissemination. There are no APCs (Article Processing Charges). Authors can submit and publish at no cost. http://creativecommons.org/licenses/by/4.0
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International Journal for Crime, Justice and Social Democracy 3 1

One-punch Laws, Mandatory Minimums and ‘Alcohol-Fuelled’ as an Aggravating Factor: Implications for NSW Criminal Law

Abstract

This article critically examines the New South Wales State Government’s latest policy response to the problem of alcohol-related violence and anxiety about ‘one punch’ killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and, in its operation, is unlikely to deliver on the promise of effective crime prevention in relation to alcohol-fuelled violence.

Published:
Pages:81 to 106
Section: Articles
20 citation(s) in Scopus
0 citation(s) in Web of Science

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Author Biography

Julia Quilter is an Associate Professor and member of the Legal Intersections Research Centre, School of Law, University of Wollongong, Australia. Her research focuses on criminal law and criminal justice issues, including alcohol-related violence, one punch laws, public order, homelessness, fines & sexual violence.