Editorial: Time to review a 'coward punch' law

Fau Vake. Photo / Supplied

Opinion

EDITORIAL

As Fau Vake's 3-year-old daughter maintained a vigil at her father's hospital bedside, concern was being expressed by some over the alleged incident that put him there.

Vake, 25, was critically hurt in an incident on Symonds St, in central Auckland, in the early hours of Sunday morning. Reportedly, he was waiting for a taxi to take him home when an altercation broke out involving four other men.

The mixed martial arts fighter was allegedly knocked to the ground while distracted. Four men have been charged with assault, three aged 29 and a fourth, 32.

The court will ultimately decide what occurred on Symonds St early Sunday morning but the case has restarted the debate over so called "coward punches" and whether there should be specific criminal charges for the act of striking someone down unawares.

MMA fighter Israel Adesanya has called for the introduction of "coward punch laws".

In June 2020, a National MP's private members bill to send offenders of coward punches which cause death to prison for up to 20 years was voted down by Labour, NZ First and the Green Party during its first reading.

The proponent of the bill Matt King was furious. "This was voted down due to pure, cynical politics," he said.

However, Labour MP for Ōhāriu Greg O'Connor has previously said the bill would only serve to benefit defence lawyers, not victims. "it just adds another layer and threatens to confuse the issue," O'Connor said.

Would such a law change the mindsets of those who lash out in anger, taking advantage of a person's inattention? Who knows, but what we do know is it is being put in place or considered in legislation around the world.

We have already added extenuating circumstances for some cases. If the assault is against an emergency worker, the maximum sentence is now one year in jail. If an assault is racially or religiously aggravated, the maximum sentence is two years' custody. Is it finally time to take a look at an act of cowardice as an aggravating factor?