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(1) A person who assaults, throws a missile, stalks, harasses or intimidates a police officer while in the execution of their duty, where no actual bodily harm is caused, commits an offence.
(1A) A person who engages in the conduct in (1) while engaged in public disorder, commits an offence.
(2) A person who assaults a police officer in the execution of duty and causes actual bodily harm, commits an offence.
(2A) A person who engages in the conduct in (2) while engaged in public disorder, commits an offence.
(3) A person who wounds or causes grievous bodily harm to a police officer in the execution of their duty and is reckless to causing that harm to the police or another, commits an offence.
(3A) A person who engages in the conduct in (3) while engaged in public disorder, commits an offence.
Penalty:
(1) Imprisonment for 5 years.
(1A) Imprisonment for 7 years.
(2) Imprisonment for 7 years.
(2A) Imprisonment for 9 years.
(3) Imprisonment for 12 years.
(3A) Imprisonment for 14 years.
Summary/Indictable/mixed:
(1) and (1A) Summary
(2) and (2A) Mixed
(3) and (3A) Indictable
Jurisdiction:
(1) and (1A) Local Court
(2) and (2A) Local, District and Supreme Courts
(3) and (3A) District and Supreme Courts
How committed:
The above offences are all complete is there is an assault on a police officer who is on duty and acting in accordance with that duty, or because of retaliation for something done on duty or simply because the person is a police officer. The severity of punishment depends upon two things, whether the assault occurred during a public disorder e.g. a riot and the extent of the injury occasioned to the police officer.
Important note:
For the purposes of this section “on duty” can be off duty, if the assault is retaliation for something the officer did whilst on duty, or if the assault is simply because the person is a police officer.