If you are charged with Assaulting Police, it will fall within Section 60 of the Crimes Act 1900 (NSW).

Offences that are committed under the provision are:

1. Assault police where no actual bodily harm is caused (5 years maximum imprisonment)

2. Assault police where the officer sustains actual bodily harm (7 years maximum imprisonment)

3. Assault police during a public disorder where no actual bodily harm is caused (7 years maximum imprisonment)

4. Assault police during a public disorder where actual bodily harm is caused (9 years maximum imprisonment)

5. Assault police where the officer sustains a wound or grievous bodily harm (12 years maximum imprisonment)

6. Assault police during a public disorder where the officer sustains a wound or grievous bodily harm (14 years maximum imprisonment)

For offences relating to assault police, the prosecution are to prove beyond reasonable doubt the following elements:

1. You caused the officer to fear immediate and unlawful violence, or made unauthorised contact with the officer;

2. The officer did not consent;

3. Your act was intentional or reckless.

Where the offence relates to an injury, the prosecution carry the additional burden of proving that the injury was caused as a result of the act.

It is important to note that the offence does not have to be against a police officer who is on duty, and it will suffice if the act was carried out:

1. Because he or she is a police officer; or

2. While the officer was executing his or her duty.

Defences

1. You acted in self defence;

2. The injury was not caused by you;

3. The officer was not acting in the lawful exercise if their duties when assaulted;

4. Duress or necessity.

Most offences under this section are dealt with in the Local Court.

‍25% Utilitarian Discount

‍You will receive a mandatory 25% discount on sentence if you plead guilty at the earliest opportunity.  If a plea of guilty is entered at a later stage, you may still receive some discount depending on the timing of the plea.

The offence of Resisting or Hindering Police falls within Section 60(1AA) of the Crimes Act 1900 (NSW).

The court is guided by a maximum penalty of 12 months imprisonment and/or $220 fine.

For offences relating to resisting or hindering the police, the prosecution are to prove beyond reasonable doubt the following elements:

1. You resisted or hindered police (or encouraged someone else to);

2. The alleged victim is a police officer in the NSW Police Officer; 

3. The police were carrying out their duties as a police officer at the time.

What does it mean to resist or hinder police?
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Examples of this are:

1. Struggling with police who are trying to restrain you or place you under arrest;

2. Running away from the police who are trying to arrest you;

3. Lying to police;

4. Blocking access to a doorway to prevent them from searching it;

5. Telling someone to run away from police who are trying to arrest them;

6. Encouraging another person to assault or avoid police.

Defences

1. You acted in self defence;

2. The person is not a police officer;

3. They were not exercising their duties at the time or what they did was outside their duties;

4. They acted illegally;

5. The conduct does not amount to a resist or hinder.

Generally, upon a plea of guilty, this matter remains in the Local Court. 

‍25% Utilitarian Discount

‍It is important to speak to a criminal lawyer about the sentencing process and possible penalties. Where you enter a plea of guilty at the earliest opportunity, you will receive 25% discount off your penalty.

Under section 319 of the Crimes Act 1900 (NSW), a person can be charged with Perverting the Course of Justice.

The maximum penalty for this offence is 14 years imprisonment.

It is important to remember that maximum penalties are a guide, and are reserved for the most serious of offenders.

The legislation defines the conduct as ‘obstructing, preventing, perverting or defeating the course of justice or the administration of law.’

The prosecution must prove beyond reasonable doubt the following elements:

1. You engaged in conduct;

2. And by doing that, you intended to pervert the course of justice.

Examples of this offending include:

1. Falsely declaring or swearing that another person is responsible for an offence;

2. Manufacturing a defence to a crime by using another person’s phone or email;

3. Attempting to bribe a police or judicial officer to avoid being charged or punished;

4. Bribing or encouraging someone to plead guilty to a crime they didn’t commit;

5. Provide a false testimony in court;

6. Provide a false alibi.

Defences

1. You did not engage in the conduct alleged against you;

2. You did not intent to pervert the course of justice;

3. Duress or necessity.

This matter can be dealt with in either the Local or District Court, depending on the seriousness of the particular case.

‍25% Utilitarian Discount

‍If you plead guilty at the earliest opportunity, you will receive a mandatory 25% discount on sentence.  If a plea of guilty is entered at a later stage, you may still receive some discount depending on the timing of the plea.