A Moonee Ponds resident left for dead after being king hit outside a Moonee Valley nightclub has welcomed the proposal for a landmark law which would see heavier penalties for one-punch killers.
State shadow attorney-general Martin Pakula said police would get new powers to help lock up one-punch killers if the Labor opposition won this year’s Victorian election.
Mr Pakula said a new offence of assault causing death would be created and would help in cases where police were unable to secure a murder or manslaughter conviction.
“[The police] will still charge with murder or manslaughter if they are confident they can get a conviction for either of those offences, “ Mr Pakula said. “But in circumstances where they are in doubt, rather than have the risk of someone being acquitted altogether, they will have the option of charging the offender with assault causing death.”
Moonee Ponds resident David Mitchell was king hit from behind as he tried to break up a fight between his friends and a group of strangers on a mild summer night in 2008, outside a nightclub then known as One Bar, less than a kilometre from his home.
As he lay on the ground, his attacker kicked him in the face and stomped on his head another three times. His friends dragged his body from the middle of the road as the attacker fled down Puckle Street.
Doctors later told his family his head injuries were consistent with those of a high-speed car accident victim.
Mr Mitchell spent 12 days in a coma, 39 days with post-traumatic amnesia and nine months in rehabilitation learning to walk and speak again.
His attacker was jailed for six years.
Mr Mitchell, 25, is now an ambassador for Step Back and Think, a campaign which raises awareness of the devastating impact a single punch can have.
The campaign, funded by the state government, educates young people to consider the potential consequences.
Mr Mitchell welcomed the new initiative, which would carry a maximum penalty of 20 years, the same as manslaughter.
“I believe the new legislation suggested by the Labor Party will ensure the loophole of people being charged and let off scot free will be closed,” he said. “This will help ensure anyone who throws a punch will be held to account.”
Mr Mitchell said the policy should not be simply a pre-election promise.
“This is a Labour initiative, but I believe both parties need to address the issue of increased violence in our society,” he said.
Mr Pakula said even if one offender was put off throwing a punch as a result of the proposed law then it would have done an “important job.”
“We think it’s important to send a powerful message that if you throw a punch and someone dies you will go to jail,” he said.
The assault-causing-death offence will be introduced in Labor’s first year of government if it wins November’s election.
Attorney-General Robert Clark was expected to comment on the Labor proposal at a media conference early this week.
