Charges
Assault a police officer in the execution of duty
Crimes Act 1900 (NSW) s 60
What is the maximum penalty for assault a police officer in NSW?
Maximum penalty. Tiered by subsection. s 60(1AA), hinder or resist police: imprisonment for 12 months or a fine of 20 penalty units or both. s 60(1), assault, throw a missile at, stalk, harass or intimidate police without actual bodily harm: 5 years. s 60(1A), the same during a public disorder: 7 years. s 60(2), assault police occasioning actual bodily harm: 7 years, standard non-parole period 3 years. s 60(2A), the same during a public disorder: 9 years. s 60(3), recklessly wound or cause grievous bodily harm to police: 12 years, standard non-parole period 5 years. s 60(3A), the same during a public disorder: 14 years. Local Court caps: s 60(1) and s 60(1A), 50 penalty units and/or 2 years; s 60(2) and s 60(2A), 100 penalty units or 2 years.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
Section 60 covers assaulting, throwing something at, stalking, harassing or intimidating a police officer who is doing their job, and it separates the offences by how much harm was caused. The lowest rung is simply hindering or resisting an officer, and the highest rungs cover causing actual bodily harm or recklessly wounding or causing grievous bodily harm. Section 60(4) extends the offence to acts done to an off-duty officer where the act is in retaliation for their police work.
How it is dealt with
Per the Judicial Commission Local Court Bench Book: s 60(1AA) is summary; s 60(1) and s 60(1A) are Table 2; s 60(2) and s 60(2A) are Table 1; s 60(3) and s 60(3A) are strictly indictable.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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