Assault and resisting police are criminal offences that involve the use of physical force or violence against another person, or the refusal to comply with a police officer's lawful orders.
In most jurisdictions, assault is defined as the intentional or reckless use of force against another person without their consent. This can include hitting, punching, kicking, or using a weapon to cause harm.
Resisting police, on the other hand, involves obstructing or hindering a police officer in the performance of their duties, or failing to comply with their lawful orders. This can include physically resisting arrest or failing to follow an officer’s commands.
Both assault and resisting police are serious crimes that can result in significant fines and gaol time, depending on the severity of the offence. If you have been charged with one of these crimes, it is important to seek legal counsel as soon as possible to protect your rights and defend yourself against the charges.
Assault Police Officer Occasioning Actual Bodily Harm [NSW]
Wound or Inflict Grievous Bodily Harm to Police Officer [NSW]
Note:
If police allege that you assaulted a police officer you could also be charged under section 58 Crimes Act. This offence has the same maximum penalties as an offence under section 60(1).
This page only relates to offences under section 60(1) of the Crimes Act.
If you have been charged with assaulting a police officer, the prosecutor must prove that:
In this context, an assault is either:
Examples of actions which may amount to an assault, but which do not include physical force, include threatening someone by shouting, or moving towards someone in an intimidatory manner.
Examples of physical actions which may amount to an assault include slapping, punching, kicking, pushing or spitting.
If the police do not allege that you applied physical force, it must be proved that you realised the complainant might fear that they would be subjected to immediate and unlawful violence but continued regardless.
If police allege that you physically touched someone, it must be proved that you realised the complainant might be subjected to unlawful touching, however slight, but you continued regardless.
This will depend on a number of factors including, for example:
You may accept that you assaulted the police officer, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Although there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for assaulting a police officer is 5 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
If you have been charged with assaulting a police officer occasioning actual bodily harm, the prosecutor must prove that:
In this context, an assault is the unlawful touching of a police officer, either intentionally or recklessly.
Examples of physical actions which may amount to an assault in this context include slapping, punching, kicking or pushing.
Actual bodily harm (ABH) means there must be some injury to the police officer. ABH includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
Police must prove that you realised the police officer might be subjected to unlawful touching which would cause them actual bodily harm, but continued regardless.
This will depend on a number of factors including, for example:
You may accept that you assaulted the police officer, but:
Although there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for assaulting a police officer occasioning actual bodily harm is 7 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
If you have been charged with wounding or inflicting grievous bodily harm to a police officer, the prosecutor must prove that you:
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin do not amount to wounding.
Grievous bodily harm (GBH) is defined to include any permanent or serious disfiguring of a person and includes the destruction of a foetus, as well as causing a person to contract a grievous bodily disease.
It has also been interpreted to mean really serious harm such as brain injury and bone fractures. The injury does not necessarily need to be permanent, to have long lasting consequences or be life threatening.
Being ‘reckless as to causing actual bodily harm’ means that you realised actual bodily harm may possibly be inflicted on the complainant by your actions, but continued regardless.
Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
This will depend on a number of factors including, for example:
You may accept that you assaulted the police officer, but:
Although there are many sentencing alternatives, it is likely that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for wounding or inflicting grievous bodily harm to a police officer is 12 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.
If you have been charged with intimidating a police officer, the prosecutor must prove that:
Intimidation is any conduct which causes fear or deters someone from taking some action. Intimidation can be caused by threats, actions or violence.
In this context, a police officer must have experienced fear or apprehension for their personal safety.
Importantly, it must be proved that you deliberately engaged in conduct which was intended to intimidate the police officer. It must also be proved that the police officer was in fact intimidated by your conduct.
The prosecutor must prove that you realised the police officer might fear that they would be subjected to immediate and unlawful violence, but you continued regardless.
Police must prove that you realised the police officer might be subjected to unlawful touching which would cause them actual bodily harm, but continued regardless.
This will depend on a number of factors including, for example:
You may accept that you assaulted the police officer, but you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
Although there are many sentencing alternatives, it is possible that you will go to gaol if you plead guilty or are found guilty.
The maximum penalty for intimidating a police officer is 5 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.
Further advice:
This blog is intended to provide general information about matters that often come before the court and is not legal advice. For legal advice about this offence or any other criminal offence, please reach out to us and speak to one of our lawyers on (02) 9696 1361 (Sydney) or (02) 5104 9640 (Canberra) or by email at info@hugolawgroup.com.au
What will the court take into account when sentencing?
The court will take into account the nature of the assault, as well as the surrounding circumstances. For example, spitting or punching may be seen as more serious than pushing.
The court will also take into account many other factors including your personal circumstances and criminal history.
When is a police officer ‘acting in the execution of their duty’?
To be acting in the execution of their duty, a police officer must be carrying out a lawful task connected with their functions as a police officer. If they are acting outside of this, for example by using excessive force, they may not be acting in the execution of their duty.
It is not necessary to prove that you knew the police officer was a member of the police force. This may be relevant if it is alleged that you assaulted an undercover police officer.
If I plead guilty or am found guilty, will a conviction be recorded?
It is very likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to assist you in getting the best possible outcome.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in jail before they will be released to parole (or considered for parole).
A standard non-parole period is a legislative guidepost which represents the non-parole period for an offence which is in the middle of the range of seriousness, without reference to discounts or positive or negative features for an offender.
Is bumping into a police officer an assault?
Bumping into a police officer is not an assault as long as you did not intend to bump into them.
Is it possible to be found guilty of assaulting a police officer if they were not wearing their uniform?
Yes. Police do not have to prove that you knew the police officer was a member of the police force at the time of the offence. Despite this, you may be able to rely on the defence of honest and reasonable mistake.
What if I only assaulted the police officer because they were violently handcuffing me?
If the police officer was using excessive force, the court may find that they were acting outside the execution of their duty. In this situation, you may not be guilty of assaulting the police officer, but only if what you did was a reasonable response to their actions.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
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