Offences committed against law enforcement officers are treated very seriously by the courts due to the role that they play in upholding the law.
One such offence is that of ‘obtaining personal information about law enforcement officers,’ which is contained in section 60C of the Crimes Act 1900.
However, though these types of offences can attract lengthy penalties, our team of highly experienced criminal law advocates can work with you to fight the charges and avoid the harsh penalties imposed by the law.
Section 60C says that it is offence to obtain personal information about a law enforcement officer in order to assault, stalk, harass, intimidate or harm that officer.
While many people automatically assume that a ‘law enforcement officer’ refers to a police officer, it is actually a broad term which encompasses a wide range of law enforcement roles, including:
- Police officers
- ICAC (Independent Commission Against Corruption) officers who perform investigative functions
- Police Integrity Commission officers
- The Commissioner and Assistant Commissioner of the Police Integrity Commission
- The Commissioner and Assistant Commissioner of the NSW Crime Commission
- Any member of the NSW Crime Commission who performs investigative duties or has confiscation functions
- The Commissioner of Corrective Services
- Governors of Correctional Centres, correctional officers and probation and parole officers
- Juvenile Justice Officers
- Crown Prosecutors and Acting Crown Prosecutors
- Lawyers employed by the Director of Public Prosecutions
- Sheriff’s officers
This means that if you obtain information about any one of these persons with the intention of using that information for some unlawful purpose, you could face criminal charges.
The prosecution must prove that you obtained the information for use because of actions that they undertook as part of their officer’s duties – in other words, as a form of revenge for their conduct towards you or others.
Alternatively, the prosecution must prove that you obtained the information for use simply because they are a law enforcement officer.
If you are found guilty of an offence under section 60C, you could face a maximum penalty of 5 years imprisonment.
However this is a maximum penalty only and will therefore only apply to the most serious offences. With the help of our experienced criminal defence lawyers, you can fight the charges and secure a positive outcome in your case.
Section 60C of the Crimes Act 1900 deals with the offence of “obtaining personal information about law enforcement officers” and reads as follows:
60C Obtaining of personal information about law enforcement officers
A person who obtains personal information about a law enforcement officer, with the intention of using or permitting the use of the information for the purpose of assaulting, stalking, harassing, intimidating, or otherwise harming, the officer:
(a) as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b) because the officer is a law enforcement officer,
is liable to imprisonment for 5 years.
Why Sydney Criminal Lawyers®?
Being charged with obtaining personal information about law enforcement officers has the potential to result in serious penalties under the law.
However, the expert defence team at Sydney Criminal Lawyers® has the skills and knowledge necessary to help you fight the charges to secure a positive outcome in your case.
Our experienced criminal law advocates can help you avoid harsh penalties by finding issues with the prosecution evidence which disputes the allegations against you – for example, where there is not enough information to prove that you obtained the information in question.
By raising these issues with the prosecution at an early stage, we can push to have the charges dropped outside of court; saving you the time and expense of a defended hearing or criminal trial.
If your matter proceeds to court, our senior lawyers will obtain all relevant evidence, along with any witnesses that may assist your case.
We can also help you secure the lowest possible penalty by preparing effective sentencing submissions which emphasise any mitigating factors such as your good character and lack of a previous criminal record.
We will seek to have the matter dealt with by way of some alternative, less onerous penalty to reduce your chances of going to gaol.
In many cases we are able to have these kinds of matters dealt with by way of section 10 dismissal or conditional release order – which is where you are found guilty of the offence but no conviction is recorded on your criminal record.
We will also push to have your matter heard in the Local Court where the maximum penalties that apply are much lower.
Our lawyers are highly respected by members of the judiciary and the legal profession, so you can be confident that we will help you secure the best result in your case.
For a discussion about how we can help you win your case, call us today on (02) 9261 8881 and book a FREE first conference with our criminal law specialists.