OFFENCES AGAINST POLICE

Under Section 60 of the Crimes Act 1900 (NSW), it is a criminal offence to assault, stalk, harass, or intimidate a police officer. This section outlines various actions that can lead to an assault charge against a police officer.

WHAT ARE OFFENCES AGAINST POLICE?

Assaulting a police officer typically involves using force against an officer on duty, which may or may not result in injury. However, individuals can also face assault charges if the officer is off duty, provided the assault is related to the officer's official duties or if it occurs because the victim is a police officer.

Assaulting a police officer is considered a serious offence with limited leniency from the courts. Various penalties may be enforced, with the maximum being 12 years imprisonment.

OFFENCE AGAINST POLICE PENALTIES

The penalties for assaulting a police officer depend on the severity of the offence. In Local Court, the maximum penalty is 2 years imprisonment and/or a fine of up to $5,500. If the case is more serious, it may be heard in a District Court, where harsher penalties apply:

  • Assaulting, stalking, harassing, or intimidating a police officer on duty, without causing actual bodily harm, can result in up to 5 years imprisonment.

  • Assaulting a police officer on duty and causing actual bodily harm can result in up to 7 years imprisonment.

  • Wounding or inflicting grievous bodily harm on a police officer on duty can result in up to 12 years imprisonment.

Given the serious nature of this crime, the courts rarely show leniency in sentencing. Statistics indicate that 14% of those who plead guilty or are found guilty of assaulting a police officer receive full-time jail sentences.

GUILTY PLEA

If you plead guilty to assaulting a police officer, and the prosecution proves the offence under Section 60 of the Crimes Act 1900 (NSW), you will likely face the aforementioned penalties. Due to the seriousness of the charge, it is advisable to consult with our expert criminal lawyers in Parramatta and Sydney CBD for guidance.

NON GUILTY PLEA

If you plead not guilty, the prosecution must prove beyond reasonable doubt that you committed the assault as defined by Section 60 of the Crimes Act 1900. If successful, a conviction is likely. However, with adequate representation from our Sydney-based assault lawyers, more favourable outcomes may be achieved by challenging the claims based on certain defences.

If the prosecution fails to prove the allegations, no convictions will be recorded.

WHICH COURT TO ATTEND?

Depending on the specifics of the allegation, cases are heard in various courts in NSW. Offences under Section 60, subsections 1 and 2 of the Crimes Act 1900 (NSW), are classified as Table 1 and 2 offences and are typically dealt with in Local Courts. However, the prosecution may elect to have the matter heard in a District Court, where harsher penalties are generally imposed.

DEFENCE STRATEGIES

Our experienced assault lawyers in Sydney can argue the following defences to dismiss the allegations:

  • Self-Defence: If the court accepts that you were defending yourself or another person, you are not responsible for the offence. The prosecution must prove that you were not acting in self-defence.

  • Duress: This defence involves proving that harmful threats of death or grievous bodily harm coerced you into illegal activities that you would not have committed otherwise.

  • Mental Illness: Under the Mental Health Act 1990, a defence of mental illness can be raised if it can be shown that the accused was mentally ill at the time of the offence. This may lead to orders for behavioural programs or treatment rather than imprisonment.

Contact our experienced criminal defence lawyers to discuss your case and defence strategies.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.