Five Charged In Sydney CBD After Police Assault

, Five Charged In Sydney CBD After Police Assault

Five Charged In Sydney CBD After Police Assault

Attacks on NSW Police is rising more than ever with data showing that at least one police officer is assaulted in NSW every day. Assaulting a police officer or officers is considered a grave offence, predominately because of the community service police are employed to do and for the need to send a message to the community that assaults on police will be treated seriously by the Courts. Five people have been charged after a police officer was allegedly assaulted during an altercation in Sydney’s CBD on 2 June 2019.

THE ASSAULT

It is reported that Police were called to a bar after reports of a fight involving six people just after 2am on Sunday. It is alleged during the fight two patrons were also assaulted at Mr B’s Hotel on Goulburn Street. A 29-year-old man suffered bruising and cuts to his face and a 30-year-old woman was treated for head injuries. On arrival, police spoke with four men who were detained by security, as well as a woman known to them.

It is alleged while a male constable was conducting enquiries, a 26-year-old woman grabbed him by his throat. When another male constable attempted to restrain her, a 24-year-old man allegedly pulled at him, causing the officer to fall.

The woman was charged with assault police and granted bail to appear at Downing Centre Local Court on June 26.

The 24-year-old man was charged with assault, resist police, assault police and affray. He was refused bail to appear at Parramatta Bail Court today.

The remaining men – aged 26, 27 and 28 were all charged with assault and affray.

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 want to read more about this offence, please visit our dedicated page here.

To read about instances where the reverse has happened, namely, police assaulting members of the public, check out the link and this recent blog post.

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