On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

The maximum penalty for the charge of assault police officer in execution of duty causing actual bodily harm (Section 60[2] of the Crimes Act) is seven years imprisonment.

In NSW, a court can impose any of the following penalties for an assault police officer in execution of duty causing actual bodily harm charge.

• Section 10: assault police officer in execution of duty causing actual bodily harm proven but dismissed
• Fine
• Good behaviour bond
• Community service order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Home detention
• Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of assault officer in execution of duty causing actual bodily harm, if heard in the Local Court, is likely to be a community service order for a period of 150 hours.

For first time offenders the likely penalty is a good behavior bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 2 ½ years.

To convict you of an assault police officer in execution of duty causing actual bodily harm charge, the police must prove each of the following matters beyond a reasonable doubt:

1.You assaulted a police officer.

2.Your assault caused actual bodily harm to the police officer.

3.At the time the police officer was in the execution of his/her duty.

They will also need to prove that you were the person who committed the assault police officer in execution of duty causing actual bodily harm offence.

Possible defences to an assault police officer in execution of duty causing actual bodily harm charge include but are not limited to:

• Duress
• Necessity
• Self Defence

Assault police officer in execution of duty causing actual bodily harm is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made, it will be dealt with in the Local Court.