Assault Police and other actions – s 60 of the Crimes Act 1900

This is when police are acting within the ambit of their duty. In other words, their duties are performed legally. An example of where police may not be exercising their duties legally is when excessive force is used to restrain a person.

For the purpose of section 60 only, subsection (4) provides further clarification that:

• An action against a police officer is carried out while the police officer is in the execution of their duty, even if the officer is not ‘on duty’ at the time if the action is:
  • a consequence of, or in retaliation for actions undertaken by that police office while he or she was exercising his or her duty; or
  • because the officer is a police officer.

• The maximum penalty for this offence is 5 years imprisonment.

The offence is aggravated, attracting a higher penalty in the following circumstances:

• During a public disorder: 7 years imprisonment.
• Where an assault occasions actual bodily harm (“ABH”): 7 years imprisonment.
• During a public disorder where ABH is occasioned: 9 years imprisonment.
• Where an assault occasions reckless grievous bodily harm (“GBH”): 12 years imprisonment.
• During a public disorder where GBH is recklessly occasioned: 14 years imprisonment.

Please note that the most serious cases attract the maximum penalty.

This option is recommended only where you accept that you:

• assaulted, stalked, harassed, intimided or threw a missile; and
• your act was against a police officer; and
• the police officer was in execution of their duty at the time of the assault.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court exercises a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
  • This is the most common penalty for the offence of AOABH.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove this offence, the Prosecution must establish beyond a reasonable doubt that you:

• assaulted, stalked, harassed, intimidated or threw a missile; and
• the alleged act was against a police officer; and
• the police officer was in execution of their duty at the time of the assault.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences:

• The police officer was not acting in execution of his or her duty.
• Self-defence: Your actions were centred on protecting yourself and were neither intentional nor reckless.
• Duress: circumstances or the threats of another compelled you to act in the manner you had. 
• Necessity: Your actions were necessary to prevent a greater harm from occurring