Crimes (Coward Punch Causing Death) Amendment Bill

Crimes (Coward Punch Causing Death) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill creates a new offence that would allow for a specific “king-hit” or “coward’s punch” type offence in response to a number of deaths where the individual killed was assaulted and tragically died later in hospital as a result of their injuries. Those convicted of the so-called “one punch” assaults will receive a maximum sentence of 20 years imprisonment. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after the date on which it receives the Royal assent. Clause 3 provides that the Bill amends the Crimes Act 1961 (the principal Act ). Clause 4 inserts new section 168A to create an offence of assault causing death. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Crimes (Coward Punch Causing Death) Amendment Act 2018 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Principal Act This Act amends the Crimes Act 1961 (the principal Act ). 4 New section 168A inserted (Assault causing death) After section 168, insert: 168A Assault causing death 1 Every one is liable to imprisonment for a term not exceeding 20 years who— a assaults any other person with intent to hit the other person with any part of the person’s body or with an object held by the person; and b the assault is not authorised or excused by law; and c the assault causes the death of the other person. 2 For the purposes of this section, an assault causes the death of a person whether the person is killed as a result of the injuries received directly from the assault or from hitting the ground or an object as a consequence of the assault. 3 In proceedings for an offence under subsection (1) it is not necessary to prove that the death was reasonably foreseeable.