What is Assault police officer in the execution of their duty ?

If you assaulted a victim and that victim was a police officer, other peace officer, customs house officer, sheriff’s officer, prison officer or bailiff and the assault occurred while the victim was acting in the execution of his/her duty you will be guilty of Assault.

Assaulting a police officer or officers is considered a grave offence, predominately because of the community service police are employed to do but and also for the need to send a message to the community that assaults on police will be treated seriously by the courts.

Case law/Jurisdiction
Depending on the section used to charge and the degree of injury caused an offence of Assault police officer in the execution of their duty is what is known as either a “Table 1” or “Table 2” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Director of Public Prosecutions (DPP).

However, if grievous bodily harm occurred or the offence occurred as a result of a pubic disorder then the matter becomes “strictly indictable” which means the charge will be finalised in the District or Supreme Court.

If the matter is dealt with in the District or Supreme Court, it will give rise to harsher penalties.

The nature and elements of the offence were considered in R v Hamilton (1993) 66 A Crim R 575 at 581 where Gleeson CJ stated:

“It is incumbent upon the Court, in dealing with offences of this nature, to show an appropriate measure of support for police officers who undertake a difficult, dangerous and usually thankless task.

The Law

The Laws in relation to Assault police officer in the execution of their duty is found in section 60 of the Crimes Act 1900 (NSW).  It states:

Subsection (1) of that section states:

“A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.”

Subsection (1A) contains an aggravated offence relating to public disorder, which states:

“A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.”

Subsection (2) contains an aggravated offence, if the officer sustained actual bodily harm, which states:

“A person who assaults a police officer while in execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.”

Subsection (2A) contains an aggravated offence relating to public disorder, where the officer sustained actual bodily harm, which states:

“A person who, during a public disorder, assaults a police officer while in execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.”

Subsection (3) contains an aggravated offence, if the officer sustained a wound or an injury amounting to grievous bodily harm, which states:

“A person who by any means: (a) wounds or causes grievous bodily harm to a police officer which in the execution of the officer’s duty; and (b) is reckless as to causing that actual bodily harm to that officer or any other person; is liable to imprisonment for 12 years.”

Subsection (3A) contains an aggravated offence relating to public disorder, where the officer sustained a wound or an injury amounting to grievous bodily harm, which states:

“A person who by any means during a public disorder: (a) wounds or causes grievous bodily harm to a police officer which in the execution of the officer’s duty; and (b) is reckless as to causing that actual bodily harm to that officer or any other person; is liable to imprisonment for 14 years.”

What must the prosecution prove?

Since Assault police officer in the execution of their duty is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Assault police officer in the execution of their duty.

To establish Assault police officer in the execution of their duty the prosecution must prove each of the following matters beyond reasonable doubt:

  • You Assaulted a person; and
  • That person was a police officer; and
  • At the time of the assault, that police officer was in the execution of their duty.

If you are charged with the offence of Assault police officer in the execution of their duty what are your options?

National Criminal Lawyers (NCL) have been successful in defending a number of Assault police officer in the execution of their duty charges where the prosecution could not establish each of the elements offence. We have also achieved a number of non-convictions for Assault police officer in the execution of their duty.

NCL offer the following options for those who have been charged with Assault police officer in the execution of their duty:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Assault police officer in the execution of their duty offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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