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The smallest act of violence can have fatal consequences

Jonty Bush

by Jonty Bush

30 Jul 05:50am

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Filed under: Education, King Hit, Media, One Punch, Real Heroes Walk Away, Violence

41 comments

From the moment Thomas Kelly’s parents, Ralph and Kathy, stepped in front of the media our hearts felt for this grieving family.  They had the faces of parents I’d witnessed a thousand times before, the faces of parents who have just lost their child through an act of violence.

Ralph and Kathy Kelly. Pic: Justin Lloyd

Over the past ten years I have worked with over 1,000 individuals and families bereaved by homicide.  Many of them including a one-punch fatal assault such as Thomas Kelly’s, or like my father’s.

In just a few seconds in November 2000, my family’s lives changed forever when a 26-year-old male assaulted my then 49-year-old and 55 kilogram father. I waited, as the Kelly’s will, for weeks, for months and then years before the case proceeded to the Supreme Court with the offender charged with manslaughter. 

I sat through days of testimony, hearing a number of justifications for the offender’s behaviour, I waited for hours for the jury to return the verdict that would change our lives.  And then I sat, for what felt like eternity for the jury to utter two words “not guilty”.

Since then I have continued to work in victim advocacy and crime prevention.  I have sat through hundreds of homicide trials, and have heard offenders attempt to rationalise their actions in a hundred different ways.  Violence is complex, sometimes it is almost incomprehensible - but it is never excusable.

As CEO of the Queensland Homicide Victims Support Group, my team and I, along with many parents who had lost a loved one through a random act of violence, initiated the One Punch Can Kill™ campaign. 

It was a campaign with a dual purpose, the first being an anti-violence campaign to educate people, young males particularly, that even the smallest act of violence can have fatal consequences.  The message was intended for both potential victim and the offender, recognising that in some cases the distinction between both parties can become quite tenuous. 

The second purpose was deliberate, and targeted the defence of accident which still remains to this day within Queensland legislation.  The crux of the Criminal Code excuse of accident rests within foreseeability, and I have reluctantly supported families through a number of trials where a lack of foreseeability that one punch could kill has resulted in jurors finding the accused not guilty. 

The One Punch Can Kill campaign recognises that the accident excuse can only be successfully used if the death of a person through one punch was not foreseeable to an ordinary person.  Put simply, the challenge is to increase societal awareness to the level that there is someone on every single jury who understands the impact of one punch.

The One Punch Can Kill campaign has been adopted and funded by the Queensland Government since 2008.  While it’s difficult to evaluate the success of any crime-prevention program (how do you, for example, count near-misses?) two points indicate to me that the campaign is impressing upon people’s understanding of violence.

The first is the continued feedback I receive, particularly from our youth.  Since 2008 I have spoken with an incredibly diverse Australian audience regarding violence.  I have met with dignitaries in our capital cities and vulnerable youth in regional Northern Territory, addressed thousands as a keynote speaker on the topic, and sat in the dust in outback Queensland exploring alternatives to violence with community leaders. 

The One Punch Can Kill campaign is becoming well known and has provided communities, police, teachers, parents and leaders with discourse they can use with young people around the consequences of their actions.

The second is that the One Punch Can Kill campaign has had a direct affect on Queensland’s criminal justice system.  During a case in Mackay in 2009, visiting backpacker Mark Urch died as a result of one punch, the police were able to incorporate the campaign into their questioning, and secured an admission from the offender that he was aware of the One Punch Can Kill campaign and its meaning.  His awareness, and still disregard for human safety resulted in a manslaughter conviction and 7-year sentence.

Since the campaign’s inception in 2008 I have heard it utilised by police and judges alike, reiterating the message that even the smallest act of violence can have devastating consequences.

I have had young people come up to me and proudly show off their One Punch Can Kill wristbands, explaining that if ever they ‘square up’ to fight they will be reminded about the risks.

I would welcome national support of either this or similar campaigns that, in contrast to exploring psycho-social factors for violence reminds us that anyone, irrespective of age, income, educational attainment or peer group can make one terrible, irrevocable decision.  In that moment, we need to remind ourselves and our buddies, that one punch can kill.

Jonty Bush received the Young Australian of the Year award in 2009 for her work in the field of victim support and for her work on the One Punch Can Kill campaign. 

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41 comments

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    • acotrel says:

      06:24am | 30/07/12

      The answer is more motor sport and less football.  Kids need an outlet for aggression, and these days there are not many options.  That is why they hold street drags at the back of Dandenong.  In the old days we had race meetings at Calder Raceway every two weeks, and many of us hotted up our cars and motorcycles.  Because of well-intended do-gooders who want to wrap everyone in cotton wool, the Australian design rules are applied rigidly by Mr Plod (speed kills and all that), and the kids have no outlet for aggression, which means anything to them. As far as street drags are concerned - why not build the kids a drag strip for Christ’s sake , and run it properly ?

      Reply

    • M says:

      08:05am | 30/07/12

      Because that would encourage hooning.

      That, and the public liability insurance would ensure that it be prohibitivly expensive, and out of reach for the people that could derive most benefit from it.

    • subotic says:

      09:02am | 30/07/12

      The answer is more motor sport and less football? Sweet baby Elvis in the manger….

      What was the question for that acotrel?

      The answer to stemming the tide of senseless violence is to bring a return to instilling fear & punishment into a generation of kids who live for the “next level” of violence.

      There’s nothing like a real good example to make someone think twice. Nature does it, so why doesn’t Australian society do it any more?

      If you flaunt Nature, she punishes you swiftly and justly. And, as an example, in some circumstances if you break the law of Nature like gravity, you get the death sentence. Quickly. Swiftly. Without the bleeding hearts club getting a “think about children” out of their god-forsaken face holes.

      Make the punishment fit the crime. Bring back the death penalty. Reintroduce National Service to instil pride back into our kinds. And let the little buggers know that there are real consequences in life.

      One Punch can Get You Executed™  is a much more serious campaign slogan, don’t ya think….

    • Sick of it all says:

      09:19am | 30/07/12

      The difficulty is though that back in the 1940’s the coppers were permitted to give you a clip and boot, which I received without any permanent damage, and in this era I’m astounded to hear (First Hand) the swearing, cursing and threatening that the Police have to put up with,
      Allow the police to apply instant justice and then you’ll this crap stop, Bring back Bumpa Farrel,  this is the no smack brigades children growing up and becoming ferals in the city when full of grog, we run video cameras all the time now when in the CBD in the early morning hours and we have attacks documented where you can note there was zero provocation but the feral decided to punch some one in the head because they are old or little or weak but never when the intended victim is bigger or in a group

    • acotrel says:

      09:20am | 30/07/12

      @M
      And ‘hooning’ is all bad ? How about when it happens under controlled conditions on a motor race circuit ? ‘Boys will be boys’, and would you want it any other way ? It is not expensive to join a car club and participate in their sprints and fun days.  In fact the kids who front up to our local circuit in the mandatory VN commodore, always pay gate entry charges with a couple of $50 bills. All meetings are conducted with insurance for both competitors, and public.

    • M says:

      09:28am | 30/07/12

      Acotrel, I’m actually with you for putting in more motorsports facilities. I’m a long time hoon myself, I just used the hooning line as an example of what the bleeding hearts will say to try and stop such a thing from ever happening.

    • Sick of it all says:

      09:55am | 30/07/12

      It’s not hooning, we all can give the tires a spin and obtain a short thrill, this is ferals directly attacking the weakest person they can spy, the majority of us would not go and king hit someone not looking, or attack teen age school kids or pensioners and steal their phones, it is truly warfare when it commences and there is no quarter if you are being attacked as I have 20 or so times and the only positive is we now are skilled at seeing the attack coming and usually very efficient at defending,
      It’s easy to stop, permit the police to hand out physical punishment, how many folk do you know still alive that chanted Pig Pig Pig to Bumper Farrel and his officers, none c’ause it works

    • acotrel says:

      09:55am | 30/07/12

      @M
      I though that might have been the case, and you were simply being facetious.  But it really shits me when the police jump all over the kids who have no outlet for their boyish exuberance.  There is a simple question - what risk taking activities are kids permitted to do these days ?  In the UK you can buy yourself a 1000cc superbike and go and race on the Isle Of Man - in Australia ? ?
      We often talk about basic freedoms, yet we tie ourselves up with silly nonperformance-based regulations. What are the risks in imprisoning an adrenalin/testosterone charged up individual in a legislative straight-jacket ?

    • Jamie says:

      10:09am | 30/07/12

      You call for less football, but more outlets for aggression?? Playing rugby was the best way I found for curbing my aggression during my late teens. You might go out there to smash another bloke in a tackle, or ruck over him, but after the game you find him out and have a beer and a chat. What happens on the field stays on the field

    • M says:

      10:12am | 30/07/12

      What we need is one road, just one, in each locale. A one way system with a toll and no speed limits, much like the Nurburgring.

      It’d raise heaps of revenue.

    • M says:

      10:14am | 30/07/12

      Funny, all the rugby players I know love a bit of punch on at the pub as well as on the field. None of the soccer players do but. Nor the cricketers. Nor the cyclists.

    • Macfan says:

      10:44am | 30/07/12

      Not everyones naturally good at football or even enjoy those types of sports. We all love it when Mark Webber or Casey Stoner etc wins, so of course we should encourage our young, who have natural driving talent to develop it in a safe and responsible environment.
      In Mount Gambier SA theres a motorbike road bike circuit, MacNamara park. It costs $150 to join per year, then once a month its open to the public. (supervisised and scrutineered) $50 for the day. Theres an ambulance just in case and no stobie poles, kangaroos, traffic etc. Considering the cost of speeding fines, this works out a cheap safe alternative to hooning on public roads.

    • M says:

      11:00am | 30/07/12

      Macfan, I didn’t know there were places like that. That sort of thing is exactly what should be being built if people want young drivers to stop hooning on public roads.

    • Drama Queen says:

      11:28am | 30/07/12

      acrotrel “But it really shits me when the police jump all over the kids who have no outlet for their boyish exuberance.”

      That would be because they are hooning on streets where families also drive cars. And the police are only enforcing the laws put forward by government - I don’t want them speeding around while I have three kids in a car on Saturday night. Fair enough if you want a place for them to go away from the general public but will this stop them speeding in other areas? - probably not.

      And you haven’t given a clear link between males who drive fast cars and males who kill people through violence.

    • M says:

      11:43am | 30/07/12

      @ Drama queen, who are they hurting by drag racing in an industrial estate at 2am on a saturday morning?

    • Bella says:

      12:00pm | 30/07/12

      No one has even mentioned spending time with their kids,the results speak for themselves

    • Adrian says:

      12:49pm | 30/07/12

      Why are we focusing so hard on the guys that like changing there cars… it looks good and is a good vent when you get under the bonnet and have a tinker, plus give you knowledge and basic understanding on an internal combustion engine but mostly when i save up for parts i never go out and blow my cash at pubs and clubs.

      Plus why not go off roading? we have some of the best 4x4 tracks in the world! they’re free, besides park entry, and you can have the best time ever with mates going camping and 4x4ing. 6 Grand will pick you up a 90’s triton that will last forever and has heaps of potential for general mods… plus for all the people complaining about hoons tp speed would be 120 if lucky raspberry

    • Drama Queen says:

      03:41pm | 30/07/12

      M says:11:43am | 30/07/12 “@ Drama queen, who are they hurting by drag racing in an industrial estate at 2am on a saturday morning?”

      If you could actually be bothered to read my post I said “Fair enough if you want a place for them to go away from the general public but will this stop them speeding in other areas? - probably not.”

      As you can see I don’t see anything wrong with it - but I doubt that the speeding will be contained only to these areas.

    • Tim says:

      04:43pm | 30/07/12

      M,
      “Funny, all the rugby players I know love a bit of punch on at the pub as well as on the field. None of the soccer players do but. Nor the cricketers. Nor the cyclists.”

      Ah and all the petrolheads I know speed and hoon everywhere they go regardless of whether they live near a legal racetrack or not. In fact most of them prefer doing it on public roads because of the danger.

    • Bertrand says:

      06:33am | 30/07/12

      The law needs to recognise consequences of actions, not just intent. Surely people understand that punching someone has deadly potential. The defense of accident should only apply if the actual action that caused the death was accidental (eg. a person trips over the gutter and accidentally bumps someone who falls and hits their head). Deliberately king hitting someone is not an accident.

      Reply

    • acotrel says:

      07:41am | 30/07/12

      We will get nowhere with our coercive/compliance based mindset.  What ever boundaries are imposed will only make things worse.  If aggression is bottled up, it must find a release somewhere.  You could impose the death penalty for king hitting other people, but the crime would still happen, and the perpetrator would probably make sure that witnesses were silenced.  There needs to be constructive outlets for the emotions of young men, and our society has removed most of them in the cause of preventing injury to participants.  Now it is the innocent who are being injured.
      Perhaps we could have war games in outback Australia using live ammo ?  That would give the kids a thrill ?

    • Chris L says:

      12:39pm | 30/07/12

      Punching someone is a deliberate action with the intention of harming them. If the harm ends up being more than intended (death instead of pain, injury and humiliation) then too bad. The intention was still to cause harm, the perpetrator should have to deal with the consequences.

      Similarly the level of intoxication should not be an issue. People may be more inclined to be aggressive and make bad decisions when drunk, but those people shouldn’t get drunk. The decision to get plastered is the decision to risk doing something stupid. I’m not against alcohol (I’ve enjoyed many a good time with my old mate Jim Beam) but I’m against using it as an excuse.

    • Ando says:

      04:28pm | 30/07/12

      Chris L,
      It seems simple for a case where someone is king hit for no reason but there are numerous other circumstances in which punches are thrown which are less clear cut. Consistency would suggest charging people with attempted murder for throwing a punch. Also determining who started it, the level of provocation etc.

    • MattC says:

      08:02am | 30/07/12

      The law does recognise consequences, it’s called the Eggshell Skull Rule, or the “Take your victim as you find them” rule.

      Reply

    • Your Opinion says:

      08:32am | 30/07/12

      The DPP and the government don’t.  Take what ever option is cheapest is now the presiding guide.

    • KH says:

      08:25am | 30/07/12

      A timely article, considering that tonight a thug and strategic bankrupt will be getting cheered on by his countrymen (well, maybe not all of us), and possibly getting a medal in a fancy ceremony on the world stage.  Its just wrong that these people can walk away with little or no damage done to themselves - they can just move on with their lives as if nothing happened, and this is an example of just how galling that can be.  King hits can kill, but the living victims may have it worse - some of these poor kids have lifelong serious brain damage and will require 24 hour care - some in old peoples homes. Some will have to endure surgeries, and then watch as their attacker lives out their dream.  How can there be no punishment for this?

      The real problem is lack of personal responsibility - there is always someone else to blame - the victim, alcohol, drugs, a bad childhood - so you had a hard life - that isn’t an excuse to hit people randomly - if anything, it should make you more concious of the damage violence can do.  You made the decision to drink or take drugs, you should be responsible for anything you do under their influence.  When did the ‘rights’ of the criminals become more important than the rights of the victim?

      Reply

    • Criminologist says:

      08:35am | 30/07/12

      Thanks for all your work Jonty.  A true Australian Legend.

      Reply

    • Jonty Bush says:

      08:24pm | 30/07/12

      Thanks! Its a great industry to be (unwittingly) involved in.

    • The Razor says:

      09:03am | 30/07/12

      We will see here in NSW if Barry O’Farrell is a strong or weak leader, by what laws or changes are put in place to stamp out this criminal anti social behavior, will he introduce some tough laws that will make these thugs take notice or will he be kept in check by Greg ” Greenie ” Smith, Attorney General Minister for NO Justice ! ...... So far many many voters are starting to see O’Farrell as a weak leader, who only came to power by default, as the new ” King of Spin ” just like Bob Carr was.

      Reply

    • acotrel says:

      09:23am | 30/07/12

      That’s the mindset with it’s conclusion at the death penalty.  I’ve only got one thing to say about that - Colin Ross !

    • I googled you says:

      09:39am | 30/07/12

      Acotrel
      Are you still banned from the classic motorcycle racing web forum? Just asking.

    • acotrel says:

      10:01am | 30/07/12

      No they invited me back two days ago because the forum was dead, and a few people asked for me to be let back on.  I think most bikies are more naturally nazis - freedom of speech is not sacrosanct.  I found that stuff pretty funny.  I will just have to stop giving them such a hard time in future.  But the good thing is that they are actually beginning to think, and our sport of historic motorcycle road racing might now begin to improve substantially.

    • M says:

      10:16am | 30/07/12

      That webpage is a crime against design. At least have the decency to pay someone to do a good one up for you.

    • acotrel says:

      10:18am | 30/07/12

      On the subject of kids racing motorcycles.  I was at a championship meeting a while back, and there was an official from Motorcycling Australia and his wife running scrutineering, and controlling the pit lane.  The 19 year oild kids were coming in from the circuit still with their wild eyes on, and all fired up with adrenalin.  The poor lady controlling them said they were a pack of little bastards.  She was mature age and well able to deal with them.  But it did my heart good to seem them like that.  I don’t know any other way to have that sort of outlet for extreme aggression.  And you will never find those kids having a punch up of any kind, anywhere. They are usually Mr Cool !
      I am the secretary of the Winton Motorcycle Club, and we have kids as young as 8 years old being trained to ride motocross bikes.  The whole family usually turn up to our practice days.

      Reply

    • M says:

      10:32am | 30/07/12

      Yes, that’s all well and good, but what hope do we have of getting that to catch on when parents are afriad of letting their children play on the street or walk to school by themselves? Any risk is an unnacceptable risk in today’s society, no matter what the chances of it actually happening are.

    • Macfan says:

      10:54am | 30/07/12

      @M dont panic, theres still plenty of country kids riding dirt bikes, kicking the footy, getting home after dark covered in mud and scratches. Theres such a huge difference between the kids I know and those raised in sterile city conditions. Ours dont seem to have the urge to kill each other at parties when they get older at the rate their city cousins do either!

    • M says:

      11:03am | 30/07/12

      Thank god there’s still some sanity in the world. I’ve read plenty of comments here from parents saying it’s dangerous to let their children walk to school, or play around their suburb unsupervised. I wonder if helicopter parenting has more to do with the obesity epidemic than is given credit for? Why allow your children to risk the outside life when they can be seated in front of the xbox inside where it’s nice and safe from all those dangers that A current affair tells us about?

    • jade (the other one) says:

      02:18pm | 30/07/12

      @Macfan, I’m going to make the statement that with the amount of punch-ons I’ve seen at BNS Balls, Ute musters and Rodeos out in the country, that it’s pure dumb luck that noone has been killed yet.

      There is no difference between city kids and country kids when it comes to aggression in my experience.

    • Peta W says:

      09:33pm | 30/07/12

      Thanks for the article Jonty.  I saw Jonty speak once and believe she is someone who could make a difference in public life with the right people around her. Good on you Jonty, keep going forward.

      Reply

    • Will says:

      09:48pm | 30/07/12

      Jonty Bush is an amazing person. Good on you Jont.

      Reply
 
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