The maximum penalty for the charge of assault police in execution of duty (Section 60 of the Crimes Act) is five years imprisonment.
Prosecution to prove
The police must prove each of the following matters beyond a reasonable doubt:
- You assaulted, stalked, harassed or intimidated a police officer.
- At the time the police officer was in the execution of his/her duty.
They will also need to prove that you were the person who committed the assault police in execution of duty offence.
The court can impose any of the following penalties:
- Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
- Community Service Order.
- Intensive Correction Order (previously known as periodic detention)
- Good Behaviour bond.
- Suspended sentence
- Home detention
- Prison Sentence
- Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid- range of seriousness for the offence of assault police, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
- For first time offenders the likely penalty is a fine of $500.
- If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 12 months.