Assault or Resist a Police Officer
The offence of assaulting a police officer applies to various actions, including:
- Physically attacking or making unlawful contact with an officer
- Spitting at or throwing objects at an officer
- Using threats or intimidation to hinder an officer’s duties
- Any form of harassment intended to obstruct law enforcement
The law protects police officers from any form of interference while they are performing their official duties, including making an arrest, conducting an investigation, or responding to an emergency.
Under Section 60 of the Crimes Act 1900 (NSW), it is an offence to assault, stalk, harass, or intimidate a police officer while they are executing their duty. The penalties for this offence depend on the severity of the assault:
- Basic offence: Up to 5 years' imprisonment
- If actual bodily harm is caused: Up to 7 years' imprisonment
- If grievous bodily harm is caused or with intent to cause harm: Up to 12 years' imprisonment
Courts treat assaults on police officers with significant seriousness due to the nature of their role in maintaining public order.
Elements the Prosecution Must Prove
To convict a person of assaulting a police officer, the prosecution must establish beyond a reasonable doubt that:
- An assault occurred – The accused engaged in an act of physical force or intimidation against an officer.
- The victim was a police officer – The person assaulted was an active-duty police officer at the time of the incident.
- The officer was acting in the course of their duty – The officer was performing a lawful function under their authority.
- Intent or recklessness – The accused intended to assault the officer or acted recklessly without regard for the consequences.
The prosecution must also prove that the police officer was not acting unlawfully or using excessive force at the time of the incident.
Possible Defences
There are several legal defences available for those charged with assaulting a police officer, including:
- Self-Defence – If the accused acted in self-defence against unlawful or excessive force by the officer.
- Duress – If the accused was forced to commit the act under threats of harm.
- Lack of Intent – If there was no intention to assault the officer, or the act was accidental.
- Unlawful Conduct by Police – If the officer was acting outside their legal authority or using excessive force, the defence may argue that the accused was responding to unlawful conduct.
A skilled defence lawyer can assess the case and determine the best strategy to challenge the charges.
Potential Penalties
The penalties for assaulting a police officer vary depending on the severity of the offence, including:
- Section 10 Dismissal – No conviction recorded
- Conditional Release Order (CRO) – A good behaviour bond without conviction
- Community Correction Order (CCO) – A supervised order with conditions
- Intensive Correction Order (ICO) – A custodial sentence served in the community
- Imprisonment – A custodial sentence served in prison
The sentencing outcome depends on factors such as the nature of the assault, prior convictions, and mitigating circumstances.
Legal Process
& Options
If you are charged with AOABH, the legal process typically involves multiple stages, including an initial police investigation, a court hearing, and potentially a trial.
Pleading
Not Guilty
If you believe you did not commit the offence or there is insufficient evidence against you, you can plead not guilty. Your legal team may challenge the prosecution’s case by:
- Examining the officer’s conduct during the incident
- Arguing that the assault did not occur as alleged
- Establishing a legal defence, such as self-defence or lack of intent
If the prosecution cannot prove the charges beyond a reasonable doubt, you will be found not guilty and the charges will be dismissed.
Pleading
Guilty
If you admit to the charge, you may choose to plead guilty. Doing so may result in a reduced sentence, as courts often consider an early plea as a sign of remorse. The court may also consider mitigating factors such as:
- A previously clean criminal record
- Demonstrating remorse and cooperation with authorities
- Evidence of rehabilitation or character references
Depending on the case, a lawyer may negotiate for a lesser penalty, such as a conditional release order instead of imprisonment.
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Here is some general information about various assault charges and how our criminal defense team can help you:
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Definition : Physical violence is the use of physical force to harm or threaten a victim.
Expression :
- Pushing, hitting, kicking, slapping
- Using weapons or objects to injure the victim
- Choking, tying up or restraining the victim
Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.
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