UNDERSTANDING THE OFFENCE OF ASSAULTING POLICE IN EXECUTION OF DUTY IN NSW

on August 4, 2025

Assaulting a police officer in the execution of their duty is a serious criminal offence in New South Wales (NSW), carrying significant penalties that can include imprisonment, fines, and a lasting criminal record, which may profoundly impact your personal and professional life. Facing such a charge demands a thorough understanding of the legal framework, potential consequences, and effective defence strategies to protect your rights. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against assault charges and related offences. As leading Sydney criminal defence lawyers and traffic law specialists, we are committed to achieving the best possible outcome for you in NSW courts.

In this comprehensive guide, we explore everything you need to know about the offence of assaulting police in execution of duty in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is Assaulting Police in Execution of Duty in NSW?

Assaulting a police officer in the execution of their duty is an offence under section 60 of the Crimes Act 1900 (NSW). This offence occurs when a person intentionally or recklessly causes physical harm, threatens harm, or uses force against a police officer while the officer is performing their lawful duties, such as making an arrest, conducting a search, or maintaining public order. The offence is treated seriously due to the need to protect law enforcement officers and maintain public safety.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

  1. Assault: The defendant applied force (e.g., hitting, pushing) or threatened immediate unlawful violence (e.g., raising a fist) to a police officer.
  2. Police Officer in Execution of Duty: The officer was acting lawfully under powers granted by the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), such as section 99 (arrest) or section 21 (search).
  3. Intent or Recklessness: The defendant acted intentionally or was reckless about causing harm or fear.
  4. Knowledge or Awareness: The defendant knew or should have known the victim was a police officer.

The offence can be prosecuted in different forms under section 60:

  • Assault Without Bodily Harm: Simple assault or threat, with up to 5 years imprisonment.
  • Assault Occasioning Actual Bodily Harm (ABH): Causing minor injuries (e.g., bruises), with up to 5 years imprisonment.
  • Assault Causing Grievous Bodily Harm (GBH): Causing serious injuries (e.g., broken bones), with up to 7 years imprisonment.
  • Assault During Public Disorder: Committing the assault during a riot or public disturbance, with up to 7 years imprisonment.

These cases are typically heard in the Local Court for less severe charges or the District Court for serious assaults involving GBH or public disorder. Proceedings may start with a committal hearing in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown).

Examples of Assaulting Police

  • Physical Assault: Striking or pushing an officer during an arrest attempt.
  • Threatening Behaviour: Raising a weapon or making verbal threats to harm an officer.
  • Resisting Arrest with Force: Struggling violently, causing injury to an officer.
  • Public Disorder Incidents: Throwing objects at police during a riot or protest.

Related Offences

Assaulting police is often charged alongside or instead of related offences:

  • Resisting or Hindering Police (section 546C, Crimes Act 1900): Obstructing police without physical assault, with up to 12 months imprisonment.
  • Obstructing Police (section 58, Crimes Act 1900): Broader obstruction of police duties, with up to 2 years imprisonment.
  • Common Assault (section 61, Crimes Act 1900): Assault without targeting a police officer, with up to 2 years imprisonment.
  • Public Order Offences (section 4, Summary Offences Act 1988): Offensive conduct or language, with fines up to $660.
  • Traffic Offences: Assaulting police during a traffic stop, such as for drink driving (section 110, Road Transport Act 2013).

Penalties for Assaulting Police in Execution of Duty in NSW

The penalties for assaulting police vary based on the offence’s severity, the degree of harm, and the defendant’s criminal history. Under section 60 of the Crimes Act 1900, the penalties are:

  • Assault Without Bodily Harm:
    • Imprisonment: Up to 5 years.
    • Fine: Up to $5,500 (50 penalty units) in the Local Court.
  • Assault Occasioning ABH:
    • Imprisonment: Up to 5 years.
    • Fine: Up to $5,500 in the Local Court.
  • Assault Causing GBH or During Public Disorder:
    • Imprisonment: Up to 7 years.
    • Standard Non-Parole Period: 5 years for GBH, as per section 54A, Crimes (Sentencing Procedure) Act 1999, serving as a sentencing guide in the District Court.
  • Local Court: Summary offences (e.g., simple assault or ABH) carry up to 2 years imprisonment and/or a $5,500 fine.
  • Non-Conviction Outcomes: For minor cases or first-time offenders, courts may impose a Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can bar employment in roles requiring background checks (e.g., security, healthcare, or education).
  • Travel Restrictions: Countries like the USA and Canada may deny entry for assault-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, particularly in high-profile or public incidents.
  • Apprehended Violence Orders (AVOs): An Apprehended Personal Violence Order (APVO) may be imposed, restricting contact with the officer or related parties.
  • Civil Liability: Officers may seek compensation for injuries through civil proceedings.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Use of a weapon, causing significant injury, repeat offending, or assault during a public disorder.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with police, or minimal harm.

How a Sydney Criminal Defence Lawyer Fights an Assault Police Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against an assault police charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the officer was acting lawfully and the defendant assaulted them intentionally or recklessly. A lawyer will scrutinise:

  • Police Conduct: Whether the officer’s actions complied with section 99 of LEPRA (arrest) or section 201 (duty to inform).
  • Medical Evidence: Assess whether injuries qualify as ABH or GBH, or if no harm occurred.
  • Body-Worn Camera Footage: Review footage to confirm the assault’s nature or the officer’s conduct.
  • Witness Statements: Cross-examine the officer or bystanders to identify inconsistencies or bias.

2. Challenging the Lawfulness of Police Actions

A key defence is that the officer was not acting in the execution of their duty. A lawyer can argue:

  • The officer lacked reasonable suspicion or reasonable grounds for the arrest (section 99, LEPRA).
  • The officer failed to follow procedure, such as not informing the defendant of the arrest reason (section 201, LEPRA).
  • The officer’s actions were unlawful, such as using excessive force.

3. Raising Legal Defences

Several defences can be raised:

  • Self-Defence: You acted to protect yourself from unlawful or excessive force by the officer (section 418, Crimes Act 1900).
  • Lack of Intent: You did not intend to assault or were not reckless (e.g., accidental contact during a struggle).
  • Lack of Knowledge: You were unaware the person was a police officer (e.g., plain-clothes officer failing to identify).
  • Duress: You were coerced into the act under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal arrest or search (section 99 or 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade to resisting police (section 546C) or common assault (section 61).
  • Amend Facts: Negotiate with Police to amend the police fact sheet to remove aggravating factors, like alleged injury.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as public order offences.
  • Sentence Bargaining: Advocate for a non-conviction outcome or lighter penalty.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing Favourable Outcomes

A lawyer can advocate for favourable outcomes which include:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with police, or restitution to the officer.
  • Rehabilitation: Completion of anger management or counselling programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive imprisonment).
  • New evidence supports your innocence (e.g., footage showing an unlawful arrest).
  • Procedural errors occurred during the trial.

A lawyer can also apply for a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for an Assault Police Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as body-worn camera footage, witness statements, medical reports, or officer testimonies.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, addressing the show cause requirement for serious assaults (section 16A).
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing or trial examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or AVOs.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing an Assault Police Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect witness statements, CCTV footage, or body-worn camera evidence to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for assault police, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Law Enforcement (Powers and Responsibilities) Act 2002, and Crimes (Sentencing Procedure) Act 1999.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let an assault police charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Assaulting a police officer in the execution of duty is a serious offence in NSW, carrying penalties of up to 5 or 7 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging the lawfulness of police actions, raising defences like self-defence or lack of intent, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing an assault police charge alongside traffic or other offences, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your assault police charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 3rd August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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