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Resisting Arrest

Resisting Arrest & Assaulting Police

Assault Police may be a commonly used charge by cops and carries significant potential penalties – penalties that are above the tariff for a standard assault so on deter people from assaulting cops .


Whilst it's acknowledged that assaults upon cops are often serious, many aren't . Particular care must tend in assessing the extent of criminality involved within the alleged offence.

Assaulting Police

Self Defence

The offence of theft and stealing are governed by Crime Act 1900 (NSW). There are several acts defined by the law that constitutes this offence. Stealing includes the taking, extorting, obtaining, embezzling, or otherwise removing the property in question. (Section 187, Crimes Act 1900)

Lawful Execution of Duty

Similarly, the question often arises on whether the officer was acting within the lawful execution of their duty at the time of the incident. a politician are often acting within the execution of their duty albeit they're not on duty at the time, where the assault occurs as a consequence of actions undertaken by that officer, or because the officer may be a policeman – Section 60(4) Crimes Act 1900 NSW

Penalties

A person who assaults, throws a missile at, stalks, harasses or intimidates a policeman acting within the execution of their duty can confront to five years gaol – Section 60(1) Crimes Act 1900 NSW. If the offence is administered during a public disorder, like riot, the penalty is up to 7 years imprisonment – Section 60(1A) Crimes Act 1900 NSW. an individual who assaults a policeman occasioning actual bodily harm (eg. a bruise, welt, mark, lump, pain, cut, minor fracture etc) is susceptible to a better penalty of up to 7 years imprisonment – Section 60(2) Crimes Act 1900 NSW. an individual who recklessly wounds or inflicts grievous bodily harm on a policeman within the execution of their duty is susceptible to imprisonment for a period of 12 years – Section 60(3) Crimes Act 1900 NSW. Grievous bodily harm means a ‘really serious injury’

Application for Guideline Judgment Refused

In 2002, the Attorney General of NSW made application to the Court of Criminal Appeal for consideration on whether a suggestion Judgment should tend for the aim of sentencing consistency for offences of Assault Police – see Attorney General’s Application Under s.37 of the Crimes (Sentencing Procedure) Act 1999 No 2 of 2002 [2002] NSWCCA 515 Ultimately the appliance was refused. it had been determined that the offence encompassed such a good range of offending behaviour that a suggestion Judgment shouldn't be applied. it had been also held that round the same time because the application was made for the rule , Section 21A Crimes (Sentencing Procedure) Act 1999 included an aggravating feature to an offence where the victim was a policeman .

Dealing with Assault Police Charges

As began above, potential penalties for offences of assault police and intimidate police are significant. Courts have recognised the necessity to impose a penalty reflecting the principles of general deterrence. we've addressed variety of matters over the years where charges of assault police and intimidate police are successfully defended. samples of these cases include where the officer was committing an assault upon the accused; where the accused was during a semi conscious state after being bashed by somebody else and defended himself against what clothed to be a policeman trying to help him; and where the evidence of the alleged assault on the officer was fabricated. In certain cases, we then act for our clients in suing the police.

At Nyman Gibson Miralis, our accredited specialists in legal code and criminal defence lawyers can examine all of the available material and advise you accordingly on the merits of your case – whether it proceeds as a defended hearing of a guilty plea.

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Aoife O'Donohoe

Aoife O'Donohoe

Solicitor | Sydney