Assaulting a police officer in New South Wales (NSW) is considered a serious criminal offence under Section 60 of the Crimes Act 1900. Penalties can vary depending on several factors.

What Must the Prosecution Prove?

To convict someone of assaulting a police officer, the prosecution must establish the following elements beyond a reasonable doubt:

• Assault: The accused either made unauthorised physical contact with the officer or acted in a way that intentionally or recklessly caused the officer to fear immediate and unlawful violence.
• Victim’s Identity: The person assaulted was a police officer.
• On-Duty Status: The officer was lawfully performing their official duties at the time of the incident.
• Mental State: The accused acted either deliberately or recklessly, not accidentally.

Key Components of the Offence

• Assault can include physical contact or verbal threats that reasonably cause fear of violence.
• The victim must be a police officer, identifiable by uniform or lawful authority.
• The officer must have been performing official duties, such as making an arrest or maintaining public order.
• Intent or recklessness is essential; accidental contact typically does not meet the threshold for conviction.

Penalties for Assaulting a Police Officer

The maximum penalty is 5 years in prison. However, the actual sentence imposed can vary depending on factors such as:

• The nature and severity of the assault
• The presence of any injuries
• Whether the accused has prior convictions

Possible Legal Defences

Several legal defences may apply in cases of assaulting a police officer, including:

• Self-defence: Where the accused acted to protect themselves or another person from harm.
• Duress: If the accused was forced to act under the threat of serious harm.
• Necessity: Where the accused acted to prevent a greater harm from occurring.

Related Offences

There are additional provisions under the Crimes Act 1900 that deal with other forms of assault:

• Section 61 – Common Assault: Covers less serious assaults and carries a maximum penalty of 2 years’ imprisonment.
• Sections 60(2)–(4) – Address more aggravated forms of assault on police officers, including:
  • Assault causing actual bodily harm
  • Assault causing grievous bodily harm
  • Assault during a public disturbance or riot

These aggravated offences carry higher penalties.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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