Justice Minister Paul Goldsmith announces new offences for ‘coward’ punches with maximum penalty of life

The Government will introduce specific offences for coward punches with maximum penalties as high as life imprisonment if the victim dies.

Justice Minister Paul Goldsmith announced the changes today, acknowledging the Government’s crime crackdown would likely see the prison muster rise in the short term.

Goldsmith said justice officials had not given him a “precise figure” for the number of people his reforms would see locked up.

Goldsmith said the Government could afford any increase to the prison population, having topped up the Corrections budget with a $390 million injection over the next four years to account for the cost of more prisoners.

“A ‘coward punch’ gets its name for obvious reasons. These attacks affect everyday Kiwis and are often committed by cowardly attackers, who strike when the victim is distracted.

“We know how dangerous they are. People can be killed or suffer lifelong brain injuries, yet perpetrators often receive lenient and insufficient sentences,” Goldsmith said.

He said the “specific offences will ensure the consequence reflects the gravity of the crime”.

The charges and penalties are:

• An assault offence for one punch attacks which cause grievous bodily harm with associated maximum penalties of eight years’ imprisonment when the offender intended to cause injury or acted with reckless disregard for safety, or 15 years’ imprisonment when the offender intended to cause grievous bodily harm.
• A culpable homicide offence for a one punch attack which results in death with a maximum penalty of life imprisonment.

Goldsmith’s announcement came as the Government seeks to make a virtue of its crackdown on crime.

Over the weekend, the Government noted its new sentencing reforms had taken effect, leading to longer sentences for crimes.

The reforms aim to strengthen the criminal justice system by deterring would-be offenders and preventing undue discounts.

One of the changes involves a cap on sentence discounts. Judges can now only apply a discount of up to 40% for mitigating factors unless the resulting sentence would be manifestly unjust.

Limits will also be in effect to prevent the repetition of discounts. Youth and remorse can no longer be repeatedly used to justify lighter sentences without evidence of genuine behavioural reform.

The Government has set a maximum 25% discount for guilty pleas, with discounts decreasing in relation to how late the plea was made.

Cumulative sentences will be encouraged for those who offended while on bail, in custody or on parole.

Goldsmith announced over the weekend that the Government would introduce new offences for people who assault first responders.

Goldsmith described violence against first responders and prison officers as “heinous”.

“Where others may flee, first responders and prison officers run towards danger to help those who need urgent assistance,” he said.

“Assaulting them puts multiple lives at risk, so there must be greater consequences for these heinous acts of violence. Our hard-working police officers, firefighters, paramedics and prison officers deserve better.”

The proposed changes include:

• Assaulting a first responder or prison officer to have a maximum sentence of three years’ imprisonment. This expands an existing provision on assaulting police to cover all first responders and prison officers.
• Assaulting a first responder or prison officer with intent to injure will have a maximum sentence of five years’ imprisonment. This is a two-year increase in penalty from the standard offence.
• Injuring a first responder or prison officer with intent to injure will have a maximum sentence of seven years’ imprisonment and will be added to Three Strikes. This is also a two-year increase in penalty from the standard offence.