Offences Against Police

What Are
Offences Against Police?

In New South Wales, offences against police officers are taken very seriously due to their role in upholding public safety. The law provides special protections to officers carrying out their duties, and any form of assault, intimidation, obstruction, or harm against police can attract severe penalties under the Crimes Act 1900 (NSW) and related legislation. The common offences against police in NSW include:

Assaulting a Police Officer – s60(1) Crimes Act 1900

  • It is an offence to assault, throw a missile at, threaten or stalk, or cause injury to a police officer in the execution of their duty.

Assaulting a Police Officer Occasioning Actual Bodily Harm – s60(2)

  • If the assault causes physical injury to the officer.

Wounding or Causing Grievous Bodily Harm to a Police Officer – s60(3)

  • If a person wounds or causes serious injury to a police officer while knowing (or being reckless as to whether) the victim is a police officer.

Resisting or Hindering Police – s546C Crimes Act

  • Includes resisting arrest, interfering with police duties, or obstructing investigations.

The Penalties of
Offences Against Police

Any offences committed against police officers attract severe penalties, reflecting the seriousness with which the law protects those tasked with upholding public order and safety. These offences are primarily prosecuted under Section 60 of the Crimes Act 1900 (NSW) and related provisions. The penalties for offences against police include:

Common Assault of a Police Officer – s60(1)

Maximum Penalty:

  • 5 years imprisonment

Assault Causing Actual Bodily Harm (AOABH) to a Police Officer – s60(2)

Maximum Penalty:

  • 7 years imprisonment

Wounding or Causing Grievous Bodily Harm (GBH) – s60(3)

Maximum Penalty:

  • 25 years imprisonment

Throwing Bodily Fluids or Substances – s60(1A)

Maximum Penalty:

  • 5 years imprisonment

Resisting, Hindering, or Assaulting Police (General Offence) – s546C

Maximum Penalty:

  • 12 months imprisonment and/or

  • 10 penalty units (currently $1,100)

Penalties for offences against police in NSW can be significantly increased if aggravating circumstances are present. These include situations where the offence was committed in company with others, involved premeditated or prolonged attacks, or where the offender used a weapon or object to cause harm. The court also takes a stricter view if the victim was clearly identifiable as a police officer in uniform, or if the accused has prior convictions for violent offences. These factors elevate the seriousness of the offence and often lead to harsher sentencing outcomes.

The Possible
Defence Strategies

Defending against offences against police requires a strategic legal approach, especially given the seriousness with which these matters are treated. The prosecution must prove beyond reasonable doubt that the accused intentionally or recklessly assaulted, threatened, or obstructed a police officer acting in the execution of their duty. Depending on the facts of the case, several defence strategies may apply:

Self-Defence

The accused may argue they used force to protect themselves (or another person) from what they reasonably perceived as a threat. This may apply if:

  • The police used excessive force, or

  • The accused was reacting to an unlawful arrest or unreasonable conduct
    The response must be proportionate and reasonable in the circumstances.

Lack of Intent or Accident

The prosecution must prove the assault or obstruction was intentional or reckless. If the conduct was accidental or misinterpreted (e.g. incidental contact during a struggle), this may undermine the charge.

Police Not Acting in the Execution of Duty

For the charge to stand, the officer must have been lawfully exercising their powers. A valid defence arises if:

  • The officer acted outside the scope of their lawful authority, or

  • The arrest or conduct was unlawful or unreasonable under the circumstances.

Mistaken Identity

If the accused denies involvement and there is doubt as to whether they were correctly identified as the offender, mistaken identity can be a valid defence—especially in cases involving crowds, poor visibility, or no clear video evidence.

Duress

The accused may argue they were forced to act under threats of harm, and that a reasonable person in their position would have responded in the same way.

Mental Illness or Cognitive Impairment

  • If the accused was suffering from a mental illness or cognitive impairment at the time of the alleged offence, and did not understand the nature or wrongness of their actions, they may be found not guilty by reason of mental illness.

  • The person is diverted to a mental health facility rather than prison.

Each case turns on its specific facts, and obtaining an experienced criminal defence lawyer is essential to review the evidence, challenge improper police conduct, and advocate for the most favourable outcome. Early legal advice is critical in identifying viable defences and protecting your rights.