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Penalty for Assault with Intent to Commit a Serious Indictable Offence on Certain Officers | Section 58 Crimes Act NSW

The maximum penalty for the offence of “Assault with intent to commit a serious indictable offence on certain officers

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court:

Section 58 assault person w/i to commit serious indictable offence

  • Prison: 100%

The average prison sentence for the offence is 18.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 7 months in prison.

Section 58 assault, etc, any officer in the execution of duty/person aiding officer

  • Section 9 Bond (now community correction order): 40.9%
  • Fine Only: 20.7%
  • Prison: 14%
  • Section 10(1)(b)&(c) Bond: 10.7%
  • Suspended Sentence (no longer available): 5.9%
  • Community Service Order (now community correction order): 4.3%
  • Section 10A: 1.3%
  • Section 10(1)(a) Dismissal: 1.2%
  • ICO: 1%
  • Home Detention: 0.1%

The average prison sentence for the offence is 7.1 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 5.6 months in prison.

Section 58 assault w/i to resist or prevent apprehension

  • Prison: 43.5%
  • Section 9 Bond (now community correction order): 21.7%
  • Section 10(1)(b)&(c) Bond: 17.4%
  • Suspended Sentence (no longer available): 8.7%
  • Section 10A: 4.3%
  • Community Service Order (now community correction order): 4.3%

The average prison sentence for the offence is 8.6 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 6.3 months in prison.

District and Supreme Court:

Section 58 assault person w/i to commit serious indictable offence

  • Prison: 100%

The average prison sentence for the offence is 27.7 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 9 months in prison.

Section 58 assault etc, any officer in the execution of duty

  • Prison: 33.3%
  • Section 9 Bond (now community correction order): 27.8%
  • Section 10A: 11.1%
  • Section 10(1)(a) Dismissal: 5.6%
  • Section 10(1)(b)&(c) Bond: 5.6%
  • Rise of Court: 5.6%
  • Community Service Order (now community correction order): 5.6%
  • Suspended Sentence (no longer available): 5.6%

The average prison sentence for the offence is 17 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 19.5 months in prison.

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