Assault Police Officer in Execution of Duty

In New South Wales, there are a number of specific offences that criminalise violent conduct towards a police officer. These offences are set out in Section 60 of the Crimes Act 1900 (NSW), and all carry a maximum sentence which includes a term of imprisonment. 

One of the more common offences charged under Section 60 of the Act is assaulting a police officer in execution of duty. This article focuses on this offence.

Assault Police Officer in Execution of Duty

Under section 601A it is an offence to assault, throw a missile at, stalk, harass or intimidate a police officer while in the execution of the officer’s duty. This offence carries a maximum of 5 years imprisonment. 

Sections 60(2) and (3) contain separate offences where an officer occasions actual bodily harm which carries 7 years imprisonment and 12 years if wounding or grievous bodily harm was occasioned. 

What is Assaulting a Police Officer in Execution of Duty?

An assault is defined as an act in which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence. Examples include pushing, kicking, spitting or punching. 

A police officer’s actions are not considered to be within the execution of their duty when their actions are illegal or outside the scope of his duty. For example, if they were acting after completing a task this would generally not be considered as in execution of a duty.

The following acts constitute Assaulting a Police in Execution of Duty:

• Spitting on a police officer while they are trying to search your bag
• Throwing a bottle at a police officer when they are advancing towards you after they’ve told you that you are under arrest 
• Pushing a police officer away from you while they are trying to place handcuffs on you

What Must Be Proven?

To prove an offence of assaulting a police officer, the prosecution must show beyond reasonable doubt that 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.

Possible Defences

The following defences may be available:

• Necessity 
• Duress
• Police were not acting in execution of their duty
• Self defence

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Common Questions about Assaulting an Officer in Execution of Duty

Will I receive a criminal conviction?

A conviction and criminal record for this offence is a possibility.

In NSW, a court can impose any of the following penalties:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

What is an example of when a police officer isn’t acting in the execution of their duty?

If a police officer is searching for your belongings without a lawful basis (reasonable suspension) or if an officer uses excessive force during an arrest.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.