Charged with assaulting a police officer?
Section 60 of the Crimes Act 1900 (NSW) creates a range of offences involving assault and other conduct against police officers. ED Legal provides advice and court representation for these charges across Sydney and NSW.
Body-worn video, CCTV, witness evidence and the lawfulness and context of the police interaction can be central. The exact subsection matters because the maximum penalty changes where actual bodily harm, wounding, grievous bodily harm or public disorder is alleged.
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How we can help you
We can review body-worn video, CCTV, statements, medical material and custody records and compare that evidence with your account of the incident.
We can advise before a police interview, assess whether the prosecution can prove the officer was acting in the execution of duty, prepare a defended case and represent you at court.
After an arrest or police interaction
If police want a further interview or statement, obtain legal advice before deciding whether to participate. Keep your charge papers, bail documents and any property receipt you were given.
Write down what you remember while events are fresh, including what police said or did, who was present and whether there may be independent CCTV or witnesses. Preserve recordings rather than editing or posting them online.
Understanding section 60 offences
Section 60 covers several forms of conduct against police officers, including assault and, in some circumstances, throwing a missile, stalking, harassing or intimidating an officer while the officer is in the execution of duty.
Assault without actual bodily harm
Section 60(1) applies where the prosecution alleges an assault or other specified conduct against a police officer in the execution of duty without actual bodily harm. The maximum penalty is 5 years imprisonment.
Actual bodily harm, wounding or GBH
Higher maximum penalties apply where an assault occasions actual bodily harm or where the alleged conduct wounds or causes grievous bodily harm to a police officer. The injury and required state of mind must be proved under the particular subsection charged.
Execution of duty and public disorder
Whether the officer was acting in the execution of duty can be an important issue. Section 60 also contains higher-penalty variants where the relevant conduct occurs during a public disorder.
Defending an assault police charge
A defence may involve disputing the alleged assault, identity, injury, recklessness or whether the prosecution can prove the officer was acting in the execution of duty.
Self-defence can arise in an appropriate case, but it requires careful analysis of what you believed was happening and whether your response was reasonable in the circumstances as you perceived them.
Body-worn video and independent CCTV can be particularly important where the police and accused give different accounts of physical contact or the sequence of events.
If you also face resisting or hindering police, offensive conduct or other charges, those allegations should be analysed together because each has separate legal elements.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can identify the issues for hearing or trial and prepare the case. Where appropriate, representations can be made about the charge or facts.
If you intend to plead guilty, we can review the factual basis relied on by the prosecution and prepare relevant material for sentence.
Bail and related police charges
Police-assault allegations may be accompanied by bail conditions or related charges. Tell us immediately if you are in custody or subject to restrictions that require urgent advice.
We can advise on bail as well as any related allegation of resisting or hindering police and explain how the charges interact.
Maximum penalties and sentencing
The maximum penalty depends on the subsection charged. Section 60 ranges from 5 years imprisonment for the basic no-injury offence to substantially higher maximums for injury-related and public-disorder variants. Sentencing also depends on the conduct, injury, prior history and personal circumstances.
Preparing to speak with a lawyer
Tell us the exact subsection or wording of the charge, the court and next date, and whether there is body-worn video or CCTV. Have any Court Attendance Notice, bail papers and police facts available where possible.
For advice about an assault police charge, contact ED Legal for a free initial consultation. You can also review our Resist or Hinder Police page.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
