On Saturday 25 July 2020, a man was disturbing the residents in the Peakhurst neighbourhood.
Police later arrived and attempted to arrest the man. At this time, the man had assaulted an officer resulting in multiple injuries, including a broken wrist and a serious bite wound to the leg.
The man was charged with multiple offences including 3 counts of intimidating a police officer in execution of their duty and assaulting a police officer in execution of their duty causing actual bodily harm.
The man was refused bail and was due to appear in the Parramatta Bail Court on Sunday 26 July 2020.
Assaulting a police officer in NSW
Assaulting a police officer while in execution of the officer’s duty is a serious offence. There are a few factors which can dictate the charge laid against a person, these include whether the assault was done during public disorder, whether the act was in retaliation for the officer undertaking actions in the execution of their duty, and whether actual or grievous bodily harm was occasioned.
The offence of assaulting a police officer occasioning actual bodily harm is stated in s60(2) of the Crimes Act 1900 (NSW). This section states that:
“(2) A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm”
This offence was introduced as a means of protecting police officers in the line of duty, as the community is substantially dependent on the work of police officers to protect their lives, personal belongings and other property (Attorney General’s Application Under s37 of the Crimes (Sentencing Procedure) ACT 1999 No 2 of 2002 [2002] NSWCCA 515, [22]). In general, this offence aims to deter persons from harming police officers in the line of duty.
Key Elements of the Offence
The prosecution, to successfully charge a person, must prove the following elements beyond reasonable doubt:
- A person
Under s4 of the Crimes Act, a person is defined as an individual, society, company, or corporation.
- Assaults
More information on common assault.
- A Police Officer
A person who is part of the NSW Police force.
- In the execution of their duty
This means that the Police Officers are acting in the proper execution of their duties(Attorney General’s Application Under s37 of the Crimes (Sentencing Procedure) ACT 1999 No 2 of 2002 [2002] NSWCCA 515, [22]).
- Occasioning actual bodily harm
More information on assault occasioning actual bodily harm these articles: Types of assault and common assault.
What are the penalties?
The maximum penalty for assaulting a police officer in the execution of their duty occasioning actual bodily harm is 7 years imprisonment. This offence also has a standard non-parole period of 3 years.
Not Guilty Plea & Defences
If the prosecution fails to prove, beyond reasonable doubt, any of the above key elements, the accused will be found not guilty of the offence.
It is also open to the accused to submit a legal defence:
- Necessity
- Self-defence
- Duress
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
The above information is intended as general information and is not intended to be relied on as legal advice.
