The Pros And Cons Of The Coward Punch Law

Introduction:
(Kelly, N/A)“How many of our boys or how many of our children have to die before somebody does something to change these laws to make people accountable for what they do?” Unlawful striking causing death has been a contentious issue in recent times. This presentation explores the debate surrounding this issue. Firstly, this presentation defines the legal principle. In addition, the presentation evaluates the strengths and weaknesses of the principle. Thirdly, the presentation examines stakeholder’s perspectives and previous cases. Finally, the presentation will end off with a discussion whether there is a need for change.
The legal Principle/ Law:
Unlawful striking causing death also known as the Coward punch law is a law found in the criminal code under
Another weakness of the law is that it doesn’t take into account that there are defences against it such as se defendendo (Self-defence) and mental illness. Lastly, the law affects those with a mental illness or intellectual impairment more than it will affect others.
ABC station reported that In Coolangatta, 2009 Samuel Ford was punched. The punch lifted Samuel Ford and caused his head bounce on the road. Samuel Ford was left with a fractured skull and bleeding on his brain. Samuel Ford could not charge Damien Ford with Unlawful Striking causing death because he had survived the punch so Damien Ford was charged with Grievous Bodily Harm and he was only sentenced to 6 years jail (Young, 2014).
Supporting the weaknesses is Mr Ian Brown; President of the Queensland Law Society. He disagrees with the unlawful striking causing death law. He believe there is no need for the law when there are already laws that deal with violent behaviour. He also says that “the harsher penalties will not help achieve the desired outcome” (Queensland Law Society , 2014).