Assaulting a public officer/ police officer in Western Australia is a significant offence with substantial penalties. If you have a weapon or are with others, you can receive up to 10 years imprisonment. Otherwise, your sentence could be up to seven years. Additionally, you can be fined up to $36,000. Penalties are at the discretion of the court.
Definition of Assaulting a Public Officer
According to section 318 of the Criminal Code, you can be charged with the offence of assaulting a public officer if the public officer is performing their job when the assault took place.
Sentencing and Penalties
Details like your criminal history, the injury’s severity and the incident’s details may affect the possible sentencing outcome. These determine if the assault is a summary offence or an indictable offence.
Summary offence of assaulting a public officer
If the matter is dealt with summarily, then your case will be heard in Magistrates court, and the maximum penalties for a summary offence include,
- A fine of up to $36,000
- Term of imprisonment of up to three years
Indictable offence of assaulting a public officer
If the assault of a public officer becomes an indictable offence, it is heard in District Court. The maximum sentence if you are armed with a weapon when committing the assault or if you are in the company of others is 10 years in prison. Otherwise, the maximum sentence is seven years. If the assault is likely to cause permanent harm or threaten life, the court must impose a mandatory term of imprisonment of no less than twelve months.
Prescribed circumstances
A crime is considered to be in prescribed circumstances if a public officer is assaulted in circumstances where they suffer bodily injury and that person is either a police officer, a prison officer, or a security officer. If this occurs, the court must impose a sentence of immediate imprisonment.
The Elements of Assaulting a Public Officer
What Constitutes Assault on a Public Officer?
Assault of a public officer happens if you directly or indirectly apply force to a public officer or threaten to do so without their consent.
What Constitutes a Public Officer?
A significant number of positions are considered public officers. The person must be performing a function of their office or employment, including but not limited to
- Emergency Services Officers
- Police Officers
- Members and Secretaries of Parliament
- Hospital Workers
- Drivers of rail vehicles, ferries, taxis or busses
- Court Security or Custodial Workers
- Members of Local Counsels
Possible Defences to the Charge
There are several viable defences to the charge of assaulting a public officer. These include,
- Self-Defence: If you believe you were under threat of harm;
- Lack of Intent: If you did not intend to apply force or make a threat;
- Duress: You may argue that you were forced to commit the assault due to threats or coercion;
- Mistaken Identity: In some cases, your defence may argue that the wrong person has been charged.
Please contact WN Legal’s criminal defence lawyers to understand more about what you are charged with and whether you should defend your charges.
About WN Legal
If you are charged with assault on a public officer, getting legal help right away is essential. Your reputation could be ruined because of the significant consequences (such as imprisonment and hefty fines). You can also face numerous long-term problems, such as employment or finding housing. Having an experienced legal team to ensure justice is served will help you get the best possible outcome.
By choosing WN Legal as your legal team, you are aligning yourself with one of the top three lawyers in the Perth area. As a boutique law practice, our team is devoted to providing you with personalised representation. You are not another number cast to the side until we have the time to work with you. We take the time to listen to the details of your case and understand the pressure you are feeling. And we ensure you are not alone.
Kryan & Khew are extremely compassionate and professional. They are very thorough and don’t miss anything, I was super impressed with their genuine personalities while they remained professional and businesslike throughout my dealing with them. I would not hesitate to recommend my family, friends, and business clients to them.
I was recently charged with aggravated common assault. WN Legal represented me from day one till the case was finalized. They are affordable, professional, knowledgeable, and sensitive. They kept me updated on the progress of the case. Despite the seriousness of the charge the outcome was the best I could expect – a fine and spent conviction. I would recommend WN Legal for all your legal problems.
“Khew and Aimee were both so amazing and helpful, Khew ran through everything to make sure we understood everything that had to happen and how things would work. I had Aimee with me on the big day and she was super kind and made you feel so comfortable like a best friend was with you, no nerves at all! She even walked me to the car to make sure I was safe, and we came away with a positive outcome 😀 win-win defiantly recommend this company 5 stars.”
“WN Legal are far superior to any legal firm we have dealt with before and they have set the bar so high we doubt we will ever find a legal firm as dedicated and professional.
We dealt mainly with Kyran who was readily accessible and exceeded our expectations. We also found the rest of the team at WN legal to be just as helpful, friendly, and genuine.
We highly recommend WN Legal to anyone.
If we could leave a rating higher than 5 stars we would, Mark and Marina”
“Absolutely the best service. I was treated in a professional manner and when i was about to give up Khew turned around and said i am not ready to give up fighting for you yet. Some of the best words said to me in awhile. Thank you Khew for all your help and support i highly recommend this law firm.”
Frequently Asked Questions
What happens if you assault a public officer in Australia?
Circumstances and results of your actions will determine the severity of the crime. Severe cases are tried in District Court and can carry a sentence of seven years in prison. Other cases are heard in Magistrates Court, and the court may issue a fine of up to $36,000 and a maximum sentence of three years.
What is the minimum sentence for assaulting a public officer in Western Australia?
Minimum sentences may be imposed and are based on the severity of the assault and the injuries sustained by the officer. Injuries that affect the officer’s health or comfort are subject to a mandatory minimum sentence of six months in prison.
A mandatory minimum sentence of 12 months imprisonment is given when the assault causes the officer grievous bodily harm, including injuries that cause permanent injury to health or endanger the officer’s life.
What is the legal jurisdiction for assaulting a public officer?
The legal jurisdiction for assaulting a public officer can be the Magistrates Court for less severe assaults or the District Court for more severe attacks.
How does the presence of a weapon influence the penalties for assaulting a public officer?
According to section 318 of the Criminal Code, the penalty for assaulting a public officer with a weapon present increases the maximum penalty to 10 years imprisonment rather than 7 years maximum for assaulting a public officer without a weapon being present.
What are the penalties if the public officer suffers grievous bodily harm?
Under Section 297 of the Criminal Code, causing grievous bodily harm to a public officer carries a maximum penalty of 14 years imprisonment. Of the 14-year term, 12 months of the sentence cannot be suspended.
How does the court determine the severity of injuries for penalty purposes?
The court looks at the nature and extent of the injuries when making assessments for penalty purposes. This often involves taking into account factors such as:
- Type of Injury– Is the injury minor, serious, or grievous? For example, the difference between cuts and bruising, broken bones, or traumatic brain injuries.
- Impact on the Victim– How will the injury affect the victim’s life? Will the victim experience any permanent disabilities or long-term health issues?
- Whole Person Impairment (WPI)– A scale that measures the severity of injuries. A higher WPI indicates more severe injuries and may lead to higher penalties.
- Medical Evidence– Considering the testimony of medical experts is crucial in determining the severity of injuries.
Are there any mitigating factors that can influence the consequences?
Factors such as the circumstances surrounding the altercation or the fact that you have a clean record may lead to a lighter sentence.
What should I do if I've been charged with assaulting a public officer?
If you face charges of assaulting a public officer, the most important thing to do is contact WN Legal for advice immediately.
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