Announcement: JSA Law is now part of Armstrong Legal a national specialist criminal law team. Andrew and his team will continue to provide the same exceptional client service as part of a leading firm.
Assault with intent to commit a serious indictable offence on certain officers
Offence title:
Assault with intent to commit a serious indictable offence on certain officers
Act:
58 Crimes Act (NSW)
Offence:
Whosoever—
assaults any person with intent to commit a serious indictable offence, or
assaults, resists, or wilfully obstructs any officer while in the execution of his or her duty, such officer being 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, or
assaults any person, with intent to resist or prevent the lawful apprehension or detainer of any person for any offence,
commits an offence.
Penalty:
Imprisonment for 5 years.
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local, District or Supreme Court
How committed:
This offence can be committed in three ways:
1. By assaulting another during a robbery;
2. By physically resisting one of the officers nominated in the section;
3. By assaulting a person to avoid being arrested.
Important note:
This section provides three quite distinct offences and is often used unnecessarily, when the more appropriate charge under s.546C [Resisting etc police] should be preferred.