Sentencing for fatal assaults
Senator Aubrey McCarthy argues that one-punch and other fatal assaults are serious violence and says public concern is growing about whether sentencing properly reflects their consequences.
I wish to raise the topic of how our justice system responds to fatal assaults, including what are often called one-punch attacks. Too often, we are confronted with the devastating reality of a single unprovoked act of violence that can cause catastrophic brain injury or even death, as we have seen recently. For the families left behind, such as children and other relatives, it changes everything that comes afterwards . These are not minor offences; they are acts of serious violence that have permanent consequences. There is public concern that the sentencing relating to fatal assault cases is difficult to understand. It appears inconsistent. The Court of Appeal recognises that these cases exist on a spectrum, namely from incidents involving lesser force to those involving extreme violence resulting in loss of life.
The public are concerned. I have received emails which show that public confidence in sentencing is being eroded. I fully respect the independence of the Judiciary, and I am not criticising any particular judge or highlighting any cases, but we have to ask whether the current framework is clear, consistent and strong enough to maintain public trust. There are serious questions about the lack of clear statutory guidance on sentencing ranges, how prior convictions are weighed and how guilty pleas are treated. There is also the issue of concurrent sentences in cases involving serious and fatal violence. That can significantly dilute the understanding of the public for that sentence. I am not suggesting mandatory sentencing or the removal of judicial discretion, but we need clarity and transparency. We have to ensure that when such harm is done, we understand that the sentencing framework is fair. Public confidence in the justice system depends on fairness, and many people feel that the balance necessary in this regard is not being achieved. I ask that the Minister for justice, Deputy O’Callaghan, ensure that sentencing trends in fatal assault cases are actively monitored. Is further guidance or a review of matters in this regard being considered? Will the voices of victims’ families be considered? This goes to the very heart of justice and fairness.