Criminal Law - Have you been charged with assaulting police?

It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse. The police are called to remove you. You tell the police that you have done nothing wrong and were just having a quiet beer. They still insist you leave or they will arrest you, you fear that things may get physical so you decide that you have had enough and decide to leave the premises of your own accord and walk past the police officers. Not being steady on you feet after a big night you come into contact with one of the officers whilst walking past and put your hand on their shoulder to hold yourself up and inadvertently knock the officer off balance. They are clearly not happy and to arrest you, take you down to the police station and charge you with ASSAULT ON A POLICE OFFICER!

The Crimes Act 1900

Given the above scenario you are likely to be charged under section 60(1) of the Crimes Act 1900 (the “Act”) which provides that:

A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.

Proof

In disbelief that you have been charged with assaulting a police office on such a minor incident you come to LAC Lawyers for advice. Given the above scenario we may make representations to the police asking them to withdraw the charge or defend the matter in court. The police must prove beyond reasonable doubt in this case that you “assaulted” an officer “whilst they were in execution of their duty”

Defences

If the matter does get to court, what possible defences do you have to defend the charge? There are a number of common defences including duress, self defence or necessity which may be raised as a defence.  

Pleading Guilty

In other circumstances where it is not in dispute that you have assaulted an officer in the execution of their duty, how can LAC Lawyers help you? If after reviewing your circumstances we assess that you have no other option but to plead guilty to the charge we will help prepare a plea to the court in mitigation. That basically means inform the court what happened but do it in such a way that it is prepared to entertain leniency and minimise any sentence imposed. This is not something that an untrained novice should contemplate nor attempt.

At LAC Lawyers we will provide you with a high quality, personalised and an efficient service. If you have been charged with assaulting a police officer or other similar offence please contact us immediately for comprehensive advice. After obtaining your version of the offence, reviewing all the police material and personal information provided we will advise you as to the prospects of successfully defending the charge, having it withdrawn or the sentences the court may impose where pleading guilty.