Assault or Resist a Police Officer
Serious Consequences for Assaulting, Resisting or Hindering a Police Officer in NSW
In New South Wales (NSW), assaulting, resisting, or hindering a police officer in the execution of their duties is a serious criminal offence. The law aims to protect law enforcement officers from harm and interference while they carry out their responsibilities to maintain public order and safety.
Whether the incident involves physical assault, active resistance during arrest, or obstructing police during an investigation, the penalties can be significant, including imprisonment. This article outlines the legal framework, penalties, and defence relevant to this offence in NSW.
Brightstone Defence has a proven track record in defending clients facing charges for assaulting, resisting, or hindering police officers. We focus on strategic, practical solutions tailored to your case.
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 to12 years' imprisonment
Courts treat assaults on police officers with significant seriousness due to the nature of their role in maintaining public order.
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 this section, it is an offence to:
- Assault a police officer while they are exercising their duties
- Resist or hinder a police officer in the execution of their duties
- Throw a missile at a police officer
- Cause actual bodily harm to a police officer
It is also an offence to commit these acts knowing that the victim is a police officer, and while the officer is acting in the execution of their duty, whether on or off duty.
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:
- 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
The legal process for assaulting a police officer generally begins with an arrest and charge, followed by court proceedings in the Local or District Court depending on the seriousness of the offence. The prosecution must prove the elements beyond a reasonable doubt, and the accused has the right to present a defence or enter a plea.
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
- The objective seriousness of the offending
- Subjectives of the offender
- 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.
- No
Physical contact is not always necessary. You can be charged with common assault simply for threatening or attempting to cause harm, as long as the victim had a reasonable fear of immediate violence.
- Yes
A conviction for common assault will result in a criminal record, which can affect your employment, travel, and future opportunities.
However, it may be possible to avoid a conviction if the court is persuaded to deal with the matter under Section 10.
Once charges are laid, it is up to the police or prosecution to proceed or withdraw them, not the victim. While a victim’s wishes may be taken into account, the decision to continue lies with the Director of Public Prosecutions (DPP) or NSW Police.
- Yes
A verbal threat can amount to common assault if it causes the victim to fear immediate and unlawful violence.
The threat must be serious enough and made in a context where the victim genuinely believes harm could occur imminently.
The main difference lies in the extent of injury. Common assault does not require proof of injury, while AOABH involves physical harm that is more than transient or trifling, such as bruises, cuts, or psychological trauma. AOABH carries heavier penalties.
You should not be found guilty if you acted in lawful self-defence. The court will consider whether you believed the force was necessary and whether your response was proportionate. This is a common and valid legal defence.
- No
Injury is not required. Common assault can occur from a threatening gesture, a slap, a shove, or any act that causes another person to fear unlawful force or experience minor physical contact without consent.
Failing to attend court may result in a warrant for your arrest being issued. It is crucial that you appear in court on the specified date or arrange legal representation to act on your behalf if possible. Always contact the court or your lawyer if you’re unsure.
- Yes, but only at the discretion of the police or the prosecution.
If there is insufficient evidence or the alleged victim refuses to cooperate, the prosecution may withdraw the charge upon the negotiation between the lawyer and the police. However, charges can still proceed even without the victim’s support.
- Yes, courts in NSW can issue a non-conviction outcome under Section 10 of the Crimes(Sentencing Procedure) Act 1999.
This means you are found guilty but no conviction is recorded. This may be more likely if the offence was minor and you have no prior record.
Common Assault involves causing fear orapprehension of immediate violence or minor physical contact withoutsignificant injury. AOABH involves an assault that causes actual physicalinjury beyond minor or transient harm.
“Actual bodily harm” includes injuries that interfere with the health or comfort of the victim and are more than insignificant. Examples include:
- Bruising or swelling
- Lacerations or cuts
- Nosebleeds
- Yes, it isan indictable offence.
However, it is triable summarily in the Local Court under certain conditions (depending on seriousness and election by the prosecution or defence).
- Yes
If a single punch causes injuries such as bruising, lacerations, or a nosebleed, it may be sufficient to support an AOABH charge.
This offence occurs when a person:
- Assaults, resists, hinders, obstructs, or intimidates a police officer,
- While that officer is acting in the execution of their duty.
It is covered under Section 58 of the Crimes Act 1900 (NSW). It includes physical force, verbal threats, or any act that interferes with an officer’s lawful role.
Resisting refers to any physical or active opposition to a lawful police action (e.g., pulling away during arrest). Hindering may involve more passive interference, such as:
- Giving false information
- Blocking police from accessing a location
- Encouraging someone else to resist arrest
- No
The officer does not need to be in uniform, but they must identify themselves clearly as a police officer.
The offence only applies when the officer is lawfully performing their duties (e.g. not off-duty or acting unlawfully).
If you can prove that you reasonably believed your actions were necessary to defend yourself or another, you may have a valid self-defence argument. This defence must be carefully supported by the circumstances and facts.
To be found reckless, the court must find that a reasonable person in your position would have realised there was a substantial risk of causing serious injury. If the risk was not obvious or foreseeable, that may be a defence. A classic example could be, one threw a glass bottle towards another person’s face, which caused a blind eye. A reasonable person would realise the eye could have been injured by do so.
In some cases, legal representatives can negotiate with the prosecution to reduce the charge to assault occasioning actual bodily harm (AOABH) or common assault, depending on the injury, evidence, and intent.
"Wounding" involves breaking both the inner and outer layers of the skin (e.g. a deep cut or puncture), while "GBH" involves more severe or permanent injuries.
Wounding with intent is serious, but GBH with intent usually results in harsher penalties due to the greater level of harm caused.
“To cause GBH or wounding with intent” means the prosecution must prove that the accused deliberately intended to cause serious harm or injury to another person, not just acted recklessly.
It is important to note that intent is a crucial element and must be proven beyond reasonable doubt.
- Yes
If the prosecution can prove there was intent to cause GBH or wounding even if the harm wasn’t permanent or as severe as intended you can still be convicted under Section 33 of the Crimes Act 1900(NSW).
- Yes
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
You should contact a criminal lawyer as soon as you are charged, approached by police, or if you believe you may be under investigation.
Early legal advice is critical in protecting your rights and preparing your defence.
- Look for a criminal lawyer with proven experience in defending assault and violence offences, strong knowledge of local courts, and a history of achieving successful results for clients.
This offence occurs when a person:
- Assaults, resists, hinders, obstructs, or intimidates a police officer,
- While that officer is acting in the execution of their duty.
It is covered under Section 58 of the Crimes Act 1900 (NSW). It includes physical force, verbal threats, or any act that interferes with an officer’s lawful role.
Resisting refers to any physical or active opposition to a lawful police action (e.g., pulling away during arrest). Hindering may involve more passive interference, such as:
- Giving false information
- Blocking police from accessing a location
- Encouraging someone else to resist arrest
- No
The officer does not need to be in uniform, but they must identify themselves clearly as a police officer.
The offence only applies when the officer is lawfully performing their duties (e.g. not off-duty or acting unlawfully).
- Yes
- A Criminal lawyer can help you by:
- Explaining your rights and the legal process.
- Assessing whether you have valid defence.
- Negotiating with prosecutors to reduce charges or penalties.
- Preparing your case for court and advocating on your behalf.
- Helping minimise the impact on your future, such as avoiding a criminal record.
- Early legal advice can significantly improve your chances of a favourable outcome.
You should contact a criminal lawyer as soon as you are charged, approached by police, or if you believe you may be under investigation.
Early legal advice is critical in protecting your rights and preparing your defence.
- Look for a criminal lawyer with proven experience in defending assault and violence offences, strong knowledge of local courts, and a history of achieving successful results for clients.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get AN instant estimated Quote
and a free consultation session
Facing criminal charges? Our experienced criminal defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
