ALCOHOL AND DRUG FUELLED VIOLENCE INITIATIVES
1. MINIMUM MANDATORY SENTENCE FOR ‘ONE PUNCH’ ASSAULTS
The NSW Government will introduce a new offence for ‘one punch’ assaults,
where a person unlawfully assaults another who dies as a direct or indirect result
of the assault, with a 20 year maximum sentence.
Where the offender was intoxicated by alcohol or drugs, a minimum mandatory
sentence of 8 years and a maximum sentence of 25 years applies.
2. MANDATORY MINIMUM SENTENCES FOR ALCOHOL OR DRUG FUELLED VIOLENT OFFENCES
For serious assaults where drug and alcohol are involved, existing maximum
sentences will be increased by two years, and mandatory minimum sentences will
be introduced.
Current
max.
sentence
New max
sentence
New
Mandatory
Minimum
Assault occasioning actual bodily harm
5
7
2
Assault causing actual bodily harm in
company
7
9
3
Reckless grievous bodily harm
10
12
4
Reckless wounding
7
9
3
Reckless grievous bodily harm - in
company
14
16
5
Reckless wounding – in company
10
12
4
Assault against police officers in the
execution of duty (not during a public
disorder)
5
7
2
Affray
10
12
4
Sexual assault
14
16
5
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3. VOLUNTARY INTOXICATION REMOVED AS A MITIGATING FACTOR IN
SENTENCING
Voluntary intoxication by drugs or alcohol will be removed as a mitigating factor
when courts determine sentences. The new penalties compliment current laws
where the vulnerability of the victim, including age, is an aggravating factor which
must be taken into account on sentence under s21A(2)(l) of the Crimes
(Sentencing Procedure) Act.
4. DRUG AND ALCOHOL TESTING FOR SUSPECTED OFFENDERS
Police will be empowered to conduct drug and alcohol testing where police
suspect an offender has committed an alcohol or drug fuelled violent assault.
5. A NEW CBD-WIDE PRECINCT
The NSW Government will introduce legislation to establish a new CBD Precinct
stretching from Kings Cross to Cockle Bay, The Rocks to Haymarket and
Darlinghurst.
The legislation will allow variations to be made to precinct boundaries and or new
precincts established in other areas experiencing high levels of alcohol and drugrelated problems.
Within the new CBD precinct, special licence conditions will be imposed on
venues by regulation. These could include prohibition on the use of glass,
restrictions on outlaw motorcycle gangs, the use of RSA marshals and CCTV.
‘Party boats’ and ‘party buses’ that leave from, or operate within, the precinct will
also be subject to restrictions.
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6. 1.30AM LOCKOUTS AND 3AM LAST DRINKS
Pubs, bars and registered clubs within the CBD precinct will not be allowed to
admit patrons after 1.30am and the service of alcohol will cease at 3.00am. This
excludes small bars (<60 patrons), restaurants and tourism accommodation
establishments. Venues currently licenced to remain open beyond 3.00am can
continue to operate but without alcohol service.
The lockout system and associated measures will be subject to an independent
statutory review after two years of operation.
7. FREE TRANSPORT
Buses leaving every 10 minutes from Kings Cross to the CBD on Friday and
Saturday nights will be free.
8. FREEZE ON NEW LICENCES
A precinct-wide freeze on liquor licences for new pubs and clubs will be
introduced. Small bars (< 60 patrons), restaurants and tourist accommodation
establishments will be exempt from the freeze.
9. PRECINCT BANS
Police will be given powers to issue precinct wide or part precinct banning orders
to remove troublemakers up to a maximum of 48 hours.
In addition, the Police Commissioner will be empowered to exclude a person or
persons from a precinct or part of a precinct for an extended period of time.
10. PERIODIC RISK-BASED LICENCING SCHEME
Periodic risk-based liquor licencing scheme will be introduced modeled in part on
the system applying in Victoria. Higher fees will be imposed on premises that
have later trading hours, poor compliance histories and/or are situated in high risk
locations. Premises will have the ability to reduce the level of fees through
improved compliance.
11. EARLIER CLOSING TIMES FOR BOTTLE SHOPS & LIQUOR STORES
Changes will be made to ensure no bottle shop or liquor stores across the state
can trade beyond 10.00pm.
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12. INCREASED FINES
On-the-spot fines issued by Police for anti-social behavior will be increased.
Criminal Infringement Notice type Current fee
Offensive language
Offensive behavior
Continuation of intoxicated and
disorderly behavior following a
move on direction
$150
$200
$200
Proposed
fee
$500
$500
$1100
13. TOUGHER PENALTIES FOR THE SUPPLY AND POSESSION OF
STEROIDS
The maximum sentence for the illegal supply and possession of steroids will be
increased from 2 years to 25 years to bring it into line with Victoria.
14. REVIEW ONLINE RSA COURSES
Until changes are made to improve the integrity of the Responsible Service of
Alcohol (RSA) certification online courses will be suspended.
15. SALES ENFORCEMENT
Covert controlled operations by Police involving minors or young-looking adults
will be permitted, to support enforcement of laws prohibiting the sale of alcohol to
minors.
16. ADVERTISING CAMPAIGN
A high profile road safety style social media and advertising campaign will be
developed and implemented to address the issue.
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PROPOSED SYDNEY CBD ENTERTAINMENT PRECINCT
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