Assault police officer in execution of duty causing actual bodily harm
The maximum penalty for the charge of assault police officer in execution of duty causing actual bodily harm (Section 60 of the Crimes Act) is seven years imprisonment.
Prosecution to prove
The police must prove each of the following matters beyond a reasonable doubt:
- You assaulted a police officer.
- Your assault caused actual bodily harm to the 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 officer in execution of duty causing actual bodily harm offence.
Assault police officer in execution of duty causing actual bodily harm is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made, it will be dealt with in the Local Court.
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 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 officer in execution of duty causing actual bodily harm, if heard in the Local Court, is likely to be a community service order for a period of 150 hours.
- For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
- If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 2 ½ years.