The maximum penalty for the offence of 60A is 5 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for assault, etc. law enforcement officer (not police) under section 60A(1) of the Crimes Act is followed by community correction order, then intensive correction order, then fine only, then section 10A conviction with no other penalty, then conditional release order with conviction and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 4 months.
The most common penalty imposed for hinders/resists etc law enforcement officer (not police) under section 60A(1AA) of the Crimes Act is Community Correction Order, followed by Fine Only, then imprisonment, conditional release order without conviction, and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 3 months and the average non-parole period (the minimum term in prison) is 3 months.
The most common penalty imposed for assault law enforcement officer (not police) – cause ABH under section 60A(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction and section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for assault law enforcement officer during public disorder (not police) – cause ABH under section 60A(2A) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
In the Higher Courts
The most common penalty imposed for assault law enforcement officer (not police) – inflict ABH under section 60A(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 18 months.
The most common penalty imposed for wound law enforcement officer (not police) under section 60A(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 15 months.
The most common penalty imposed for inflict/cause GBH on law officer (not police) under section 60A(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 18 months.
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