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Barry O'Farrell announces 'tough' laws to combat alcohol-fuelled violence
Pubs and clubs in Sydney’s CBD will be forced to lock out new customers from 1.30am and cease alcohol trading by 3am under a state government crackdown on alcohol- and drug-related violence. Premier Barry O’Farrell has also announced bottle shops will have to close their doors at 10pm. Venues will be subject to a risk-based licensing scheme whereby higher fees will be imposed on venues that trade later, are larger or are in high risk areas, as part of a reform package announced on Tuesday. Advertisement As foreshadowed, mandatory minimum sentences of eight years in jail will apply to fatal one-punch attacks involving alcohol and drugs. But Mr O’Farrell also announced mandatory minimum sentences would be introduced for other drug- or alcohol-fuelled offences, including reckless wounding (three years), assaulting a police officer in the execution of duty (two years), affray (four years) and sexual assault (five years). Police will be able to test for drugs and alcohol if they suspect someone has committed an alcohol- or drug-fuelled assault. Parliament will be brought back early next week, probably on Wednesday, to introduce the legislation required to implement the package. Mr O’Farrell said with the support of the opposition the new mandatory sentencing laws could be in place by February 1, and the rest of the package, including the lockouts and reduced trading hours, by the end of April. He said the lockouts and 3am licensing restrictions would apply to venues within a new CBD entertainment precinct stretching from Kings Cross to Cockle Bay, The Rocks to Haymarket and Darlinghurst. ‘‘This is about trying to send a very clear message to the industry that yes, you can continue to trade after 3 o’clock, but drinks will cease at 3 o’clock," the Premier said. Restaurants and small bars and ‘‘tourism accommodation facilities’’ are exempt, as are venues at Barangaroo, including James Packer’s planned six-star hotel and casino. "This is not about penalising responsible drinkers," he said. "It is about attacking the irresponsible acts of those who allow themselves to be intoxicated, whether by drugs or alcohol." Mr O'Farrell said he had "heard the community's call, their demand for action. And I'm confident that the package that cabinet approved yesterday will make the difference and start the change that the community seeks to have implemented". Other measures in the package include:
Justin Hemmes, CEO of Merivale, which owns ivy and multiple other bars in Sydney, said he welcomed the policy announcement. "Without doubt, these measures will create a safer environment for all," Mr Hemmes said. Reaction is being sought from the NSW branch of the Australian Hotels Association and the Last Drinks coalition of emergency services workers. (Sydney Morning Herald 21/1/2014) 另一個問題是voluntary intoxication will be removed as a mitigating factor in sentencing。醉酒作為求情因素是普遍的講法,屬於沒有預謀,情緒失控的行為,在打人案是常見及被接受的求情考慮。我不知怎様可以用立法來移除這種因素,真的這樣做,理應由上訴庭作出判刑指引時提出,而並非立法干擾,否則三權分立界綫模糊。 限制售酒時間及鼓勵減少飲酒,才是正碓的針對措施。這裏的飲酒文化根深蒂固,就像大陸人抽煙,不改變這種風氣,再訂立嚴刑峻法也枉然。 |
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