If you have been charged with an offence in the nature of assault police / resist arrest, you should obtain legal advice immediately. There are a vast number of offences within this category, each with different elements, penalties and procedures. Contact us for a free initial consultation.

ASSAULT POLICE

Section 60 of the Crimes Act 1900 (NSW) sets out a number of offences of assault and other actions against police officers. These include:

  • Assault, throw missile at, stalk, harass or intimidate a police officer whilst in the execution of their duty, although no actual bodily harm is occasioned (maximum penalty is 5 years imprisonment) (Section 60(1)).
  • During a public disorder, assault, throw missile at, stalk, harass or intimidate a police officer whilst in the execution of their duty, although no actual bodily harm is occasioned (maximum penalty is 7 years imprisonment) (Section 60(1A)).
  • Assault a police officer whilst in the execution of their duty occasioning actual bodily harm (maximum penalty is 7 years imprisonment) (Section 60(2)).
  • During a public disorder, assault a police officer whilst in the execution of their duty occasioning actual bodily harm (maximum penalty is 9 years imprisonment) (Section 60(2A)).
  • Wound or cause grievous bodily harm to a police officer whilst in the execution of their duty, having been reckless as to causing actual bodily harm (maximum penalty is 12 years imprisonment) (Section 60(3)).
  • During a public disorder, wound or cause grievous bodily harm to a police officer whilst in the execution of their duty, having been reckless as to causing actual bodily harm (maximum penalty is 14 years imprisonment) (Section 60(3A)).

A charge under Section 60(1) or 60(1A) is dealt with summarily unless the prosecutor elects otherwise. If dealt with summarily, the maximum penalty is 2 years imprisonment and/or 50 penalty units. A charge under Section 60(2) or 60(2A) is dealt with summarily unless the prosecutor or the accused elect otherwise. If dealt with summarily, the maximum penalty is 2 years imprisonment or 100 penalty units. A charge under Section 60(3) or 60(3A) must be dealt with on indictment.

There are a number of additional sections of the Crimes Act 1900 (NSW) that set out offences involving a police officer while in the execution of their duty. These include:

  • Section 58: assaulting, resisting or willfully obstructing any officer, or a person aiding such an officer
  • Section 60A: assaulting a ‘law enforcement officer’ (other than a police officer) in the execution of their duty. ‘Law enforcement officer’ is a broader category than police officer, and includes officers such as probation and parole.
  • Section 60B: assaulting a person who has a domestic relationship with a law enforcement officer.
  • Section 60C: obtaining personal information about law enforcement officers with the intention of using or permitting the use of the information for the purpose of assaulting, stalking, harassing, intimidating, or otherwise harming the officer.

RESIST ARREST

Section 546C of the Crimes Act 1900 (NSW) sets out the offence of resisting police. This section makes it an offence to resist or hinder police in the execution of their duty, or to incite another person to do so, or to incite another person to assault, resist or hinder police.

Resist means to oppose by force. Hinder means to obstruct or interfere such as to make the execution of an officer’s duty more difficult.

The maximum penalty is 12 months imprisonment and/or 10 penalty units.

Section 33B of the Crimes Act 1900 (NSW) sets out the offence of using or possessing a weapon to resist arrest. The prosecution must establish that:

  • The accused attempted to use, threatened to use or possessed an offensive weapon OR threatened injury; and
  • The accused did that act with the intention of committing a serious indictable offence OR preventing/hindering the arrest of a person (including themselves) OR preventing/hindering a reasonable police investigation.

The maximum penalty is 12 years imprisonment (2 years imprisonment or 100 penalty units if it is dealt with in the Local Court). The maximum penalty is 15 years if the offence is committed in the company of another person or persons.

As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court. 

If you are seeking legal advice, contact us for a free initial consultation.

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If you are facing a criminal charge, we urge you to contact us today to arrange a free initial consultation. No case is too big or too small.

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