Coward punchers: shamed and deterred by ‘one punch’ laws?

Abstract

If the aim of the criminal justice system is to achieve and maintain crime reduction, then it is imperative that the objects of the law and punishments enforced by the legal system do not undermine this purpose. This critical essay will analyse Section 25A and Section 25B of the Crimes Act 1900 (NSW), colloquially known as the ‘one punch’ legislation, through the foci of social control theory, reintegrative shaming theory, and labelling theory. The analysis considers the political and media discourse that accompanied the introduction of this legislation and how this may be understood through criminological theory. It has been more than ten years since the first ‘one punch’ laws were passed in Australia, led by Western Australia. While this essay focuses specifically on the New South Wales legislation, which was passed in 2014, the length of time since the introduction of these laws presents opportunities for a retrospective on whether enacting ‘one punch legislation’ is an effective alternative to utilising existing manslaughter laws.