Background
The Attorney General asked us to review the sentencing for offences involving assaults on police officers, correctional staff, youth justice officers, emergency services workers and health workers and make recommendations for any reform we considered appropriate.
On this page, we provided background information on the offences we were to consider in the review; the maximum penalties and non-parole periods for these offences; and preliminary sentencing data for these offences.
The offences
In this review, we will consider relevant offences including those contained in the following sections of the Crimes Act 1900 (NSW). These offences may be committed against police officers or other law enforcement officers, or third parties associated with them:
- Section 58 (second paragraph): Assault, resist, or wilfully obstruct an officer while in the execution of his or her duty, or any person acting in aid of an officer
- Section 60: Assault and other actions against police officers
- Section 60A: Assault and other actions against law enforcement officers (other than police officers)
- Section 60B: Actions against third parties connected with law enforcement officers
- Section 546C: Resist or hinder, or incite any person to assault, resist or hinder, a police officer in the execution of his or her duty
Some of these sections contain multiple offences, which range in seriousness based on factors such as the degree of harm inflicted on the victim (for example, actual bodily harm or grievous bodily harm), and the context in which the offence occurred (for example, during a public disorder).
The offences contained in section 60A may be committed against a law enforcement officer (other than a police officer). A "law enforcement officer" is defined in section 60AA. This definition includes, among others, correctional officers, prosecutors, certain court officers, and animal inspectors. It does not include other emergency services personnel, like health workers or firefighters.
In this review, we will also consider offences that may be committed against any person, in the context of resisting an arrest. These are contained in the following sections of the Crimes Act 1900 (NSW):
- Section 33(2): Wound or cause grievous bodily harm to any person with intent to resist arrest
- Section 58 (third paragraph): Assault any person with intent to resist or prevent lawful apprehension or detainer
We will also consider offences, contained in a separate Act, which apply to ambulance officers.
The ACT has recently passed the Crimes (Protection of Frontline Community Service Providers) Amendment Act 2020 (ACT). This Act created a new offence of assault of a "frontline community service provider". This is defined to include a police officer, protective service officer, corrections worker, and a member of an emergency service. The Act also created new offences relating to driving a motor vehicle at police. We will consider these offences in this review.
Sentencing regime
In the table below, we set out the maximum penalties and standard non-parole periods (where applicable) for certain assault offences. We include the offences we list above, as well as "general" assault offences (which may be committed against any person), for comparison. All offences are contained in the Crimes Act 1900 (NSW) unless stated otherwise.
| Conduct | Victim | Circumstances | Maximum penalty (imprisonment) | Standard non-parole period |
|---|---|---|---|---|
| Assault | any person | N/A | 2 years (s61) | N/A |
| with intent to commit a serious indictable offence | 5 years (s58, first paragraph) | N/A | ||
| with intent to resist or prevent the lawful apprehension or detainer of any person for any offence | 5 years (s58, third paragraph) | N/A | ||
| during a large-scale public disorder | 5 years (s59A 1) | N/A | ||
| Assault, resist, or wilfully obstruct | a constable, or other peace officer, custom-house officer, prison officer, sheriff's officer, or bailiff, or any person acting in aid of such officer | N/A | 5 years (s58, second paragraph) | N/A |
| Resist or hinder, or incite any person to assault, resist or hinder | a police officer | N/A | 1 year (s546C) | N/A |
| Obstruct or hinder | an ambulance officer | N/A | 2 years (s67J-1) Health Services Act 1997 | N/A |
| by an act of violence | 5 years (s67J-2), Health Services Act 1997 | N/A | ||
| Assault, throw a missile at, stalk, harass or intimidate | a police officer | N/A | 5 years (s60-1) | N/A |
| during a public disorder | 7 years (s60A-1) | N/A | ||
| a law enforcement officer (other than a police officer) | N/A | 5 years (s60A-1) | N/A | |
| Assault, stalk, harass or intimidate | any person with whom a law enforcement officer has a domestic relationship | with the intention of causing the law enforcement officer to fear physical or mental harm | 5 years (s60B-1) | N/A |
| Assault occasioning actual bodily harm | any harm | N/A | 5 years (s59-1) | N/A |
| in the company of another person or persons | 7 years (s59-2) | N/A | ||
| during a large-scale public order | 7 years (s59A-2) | N/A | ||
| a police officer | N/A | 7 years (s60-2) | 3 years | |
| during a police officer | 9 years (s60-2A) | N/A | ||
| a law enforcement officer (other than a police officer) | N/A | 7 years (s60A-2) | N/A | |
| Wounding | any person | reckless as to causing actual bodily harm to that or any other person | 7 years (s35-4) | 3 years |
| reckless as to causing actual bodily harm to that or any other person; in the company of another person or persons | 10 years (s35-3) | 4 years | ||
| Grievous bodily harm | any person | N/A | 2 years (s54) | N/A |
| reckless as to causing actual bodily harm to that or any other person | 10 years (s35-2) | 4 years | ||
| reckless as to causing actual bodily harm to that or any other person; in the company of another person or persons | 14 years (s35-1) | 5 years | ||
| Grievous bodily harm or wounding | any person | with intent to cause grievous bodily harm to that or any other person | 25 years (s33-1) | 7 years |
| with intent to resist or prevent his or her (or another person's) lawful arrest or detention | 25 years (s33-2) | 7 years | ||
| a police officer | reckless as to causing actual bodily harm to that officer or any other person | 12 years (s60-3) | 5 years | |
| reckless as to causing actual bodily harm to that officer or any other person; during a public disorder | 14 years (s60-3A) | N/A | ||
| a law enforcement officer (other than a police officer) | reckless as to causing actual bodily harm to that officer or any other person | 12 years (s60A-3) | N/A |
Last updated:
05 Feb 2024
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.