Assaulting a Law Enforcement Officer (other than a police officer) is an offence under Section 60A of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You assaulted, threw a missile at, stalked, harassed or intimidated a law enforcement officer other than a police officer.
An ‘assault’ is where:
A ‘law enforcement officer’ includes:
An action is against a law enforcement officer even if the officer is not on duty if it is carried out due to:
The maximum penalty increases to 7 years in prison where you inflicted ‘actual bodily harm’ on the officer which is harm that is more than ‘transient or trifling’ and includes lasting cuts, bruises and abrasions.
The maximum increases to 12 years in prison where you inflicted ‘grievous bodily harm’ (GBH) or ‘wounded’ the officer.
GBH is defined as ‘very serious harm’. It includes, but is not limited to:
A ‘wound’ is the breaking of both layers of the skin being the dermis and epidermis and includes a ‘split lip’.
Defence to the charge include:
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