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


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For “assault person with intent to commit a serious indictable offence.”

The maximum penalty for the offence of “assault person with intent to commit a serious indictable offence.”

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

  • Prison: 67%
  • Section 9 Bond: 33%

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 15.5 months in prison.

For “assault officer in the execution of duty”

The maximum penalty for the offence of “assault officer in the execution of duty.”

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

  • Section 9 Bond: 43%
  • Prison: 15%
  • Fine Only: 15%
  • Section 10(1) Bond (b) & (c): 9%
  • Suspended Sentence: 9%
  • CSO: 7%
  • Section 10(1)(a) Dismissal: 1%
  • Section 10A: 1%
  • ICO: 1%

The average prison sentence for the offence is 9 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 5 months in prison.

For “resist or obstruct officer in the execution of duty”

The maximum penalty for the offence of “resist or obstruct officer in the execution of duty.”

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

  • Section 9 Bond: 36%
  • Fine Only: 33%
  • Section 10(1) Bond (b) & (c): 12%
  • Prison: 8%
  • Suspended Sentence: 3%
  • Section 10(1)(a) Dismissal: 2%
  • Section 10A: 2%
  • CSO: 2%
  • ICO: 1%

The average prison sentence for the offence is 6 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 3.5 months in prison.

For “assault person aiding officer”

The maximum penalty for the offence of “assault person aiding officer.”

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

  • Section 9 Bond: 83%
  • Prison: 17%

The average prison sentence for the offence is 1 month imprisonment, and the average non-parole period (or minimum prison term that must be served) is 1 month in prison.

For “resist or obstruct person aiding officer”

The maximum penalty for the offence of “resist or obstruct person aiding officer.”

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

  • Fine Only: 100%

The average prison sentence for the offence is 0 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 0 months in prison.

For “assault with intent to resist or prevent apprehension”

The maximum penalty for the offence of “assault with intent to resist or prevent apprehension.”

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

  • Prison: 53%
  • Section 9 Bond: 16%
  • Section 10(1) Bond (b) & (c): 11%
  • Fine Only: 11%
  • CSO: 11%

The average prison sentence for the offence is 13 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8 months in prison.