'Coward punch' laws need to be fast-tracked, says family of New Plymouth victim

RNZ News

2 days ago

By Tara Shaskey, Open Justice reporter in Taranaki of
New Plymouth videographer Daniel Nganeko died after a coward punch outside a rugby club.
Photo:
Supplied
Whānau and friends of a man who died from an alleged coward punch are calling for the fast-tracking of a new law introducing tougher penalties for such crimes.
Daniel Nganeko, 37, was allegedly punched by Daytona Thompson outside the Tukapa Rugby and Sports Club in New Plymouth on 26 July.
Thompson pleaded guilty to assault two days later, but that was withdrawn after Nganeko died on Tuesday.
An elevated charge of manslaughter has since been filed, to which Thompson has yet to plead. The maximum penalty for manslaughter is life imprisonment.
In June, Justice Minister Paul Goldsmith announced a new law that will introduce an assault offence for one-punch attacks which cause grievous bodily harm.
The maximum penalty when the offender intended to cause injury or acted with a disregard for safety would be eight years' imprisonment.
If an offender was found to have intended to cause grievous bodily harm, the maximum penalty would be 15 years.
The new law would also see a culpable homicide offence for such attacks which resulted in death, with a maximum penalty of life imprisonment.
The new offences would be added to the Three Strikes Regime.
A Givealittle page set up after Nganeko's death stated all funds raised would not only go to his whānau to help with funeral and memorial costs, but also towards advocacy and support to fast-track the introduction of the pending law.
"We want justice for Daniel, and for every injury and life lost to this horrible violence. We will make sure his story is heard, not just as a tragedy, but as a call to action," the page, which has raised more than $25,000 in two days, stated.
The page described Nganeko, a videographer and Tukapa Rugby supporter, as a cherished son, twin brother, grandson, nephew, cousin and friend who was known for his creativity, kindness and infectious smile.
"We are committed to ensuring Daniel's death is not in vain," it said.
Nganeko's twin brother Cameron Nganeko demanded change in a statement shared on the page.
In questions to Goldsmith about whether the government would consider the calls to fast-track the new law, NZME was advised he was unable to comment on individual cases.
However, his office provided information on the incoming Coward Punch offence, which would be introduced as part of a Crimes Act Amendment Bill.
It said it would be introduced before the end of the year, with the aim of being passed into law before the next election.
Normal practice would be that only offending that happens after the "take effect" day would be covered by the new law.
There would not be a mandatory minimum period of imprisonment imposed for such attacks that resulted in death.
Goldsmith said in his earlier announcement that a "coward punch" got its name for obvious reasons.
"These attacks affect everyday Kiwis and are often committed by cowardly attackers, who strike when the victim is distracted.
"We know how dangerous they are. People can be killed or suffer lifelong brain injuries, yet perpetrators often receive lenient and insufficient sentences."
According to the summary of facts relating to the assault charge, Nganeko was hit once by Thompson "without any obvious provocation".
He fell backwards and his head hit the edge of the footpath.
Nganeko died after he was flown to Auckland City Hospital, where scans revealed he had suffered a fractured skull and extensive brain injuries with damage to his frontal and rear lobe.
Thompson is expected to enter a plea to the manslaughter charge at a hearing in the High Court at New Plymouth on 15 August.
A service to celebrate Nganeko's life will be held at Francis Douglas Memorial College, where he attended school, this weekend.
On Saturday, a moment of silence was held before the Ranfurly Shield rugby match between Taranaki and Northland.
- This story originally appeared in the
New Zealand Herald
.