Creating specific law could have 'unintended consequences', Ardern says, amid calls for harsher 'coward punch' penalties

May 24, 2021

Jacinda Ardern’s comments come amid calls for harsher sentences for ‘coward punch’ attacks.

Prime Minister Jacinda Ardern is cautioning against creating new laws for “individual sets of circumstances”, as a petition calling for harsher “coward punch” laws gains traction. 

When asked by reporters this afternoon whether existing laws were sufficient, Ardern spoke about the issue broadly. She said she did not want to “compromise” any case that may come before the courts relating to the death of promising MMA fighter Fau Vake.

Vake’s death was announced yesterday after he was assaulted in Auckland’s CBD last Sunday.

Four men – three 29-year-olds and a 32-year-old – have been charged over the incident, with further charges expected following Vake’s death. Police have not confirmed details on how Vake sustained his injuries.

A petition, called Harsher Coward Punch laws needed in New Zealand , was created by the Sensible Sentencing Trust in the wake of the deadly assault.

“We launched this petition to pressure the Government to introduce legislation that would deliver stronger sentences for these attacks,” said Darroch Ball, co-leader of Sensible Sentencing Trust and a former New Zealand First MP. 

“We have this legislation already written up and is ready to be tabled. It would see a new murder offence introduced into the Crimes Act and ensure minimum mandatory prison time is brought in for these types of offences.”

Ardern said the question was whether a separate piece of legislation was needed for particular offending. 

“One of the issues is when you create separate pieces of legislation, sometimes you can create unintended consequences,” she said.

“Currently, of course, you are able via a manslaughter charge, for instance, to receive a term of life imprisonment.”

Under this system, a judge would be allowed to consider all factors of the nature of offending, Ardern said.

Eugene Bareman and his team know from personal experiences what such a blow can do.

“The concern would be if you start creating individual sets of circumstances, whether or not you limit the ability of the judiciary to access some of those higher penalties if that’s appropriate.”

Last year, former National MP Matt King’s Crimes (Coward Punch Causing Death) Amendment Bill was voted down in Parliament in its first reading.

The bill would have created a new offence for “one punch” assaults. The bill proposed a maximum sentence of 20 years imprisonment, as an alternative to manslaughter, for those convicted of the offence. 

King drafted the law in response to incidents he'd seen as a police officer, then as an MP. 

Labour, NZ First and the Green Party voted the bill down. 

Labour MP Meka Whaitiri said at the time Labour believed existing legislation and the judiciary could address the serious assaults adequately. 

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