Assault Public Officer WA

Assaulting a public officer is a serious offence under Western Australian law. This charge involves the unlawful application of force or the threat of force against a public officer or police officer while they are performing their duties. Understanding the specific laws and consequences related to this offence is essential for anyone involved in such a matter.

If you have been charged with Assaulting a Public Officer in Western Australia, it's crucial you understand the gravity of the matter and seek advice from a criminal defence lawyer as soon as possible.

Call Andrew Williams today on (08) 9278 2575 for expert legal advice regarding your case.

Definition of Assault Public Officer

Under section 318 of the Criminal Code, a person can be charged with the offence of assaulting a public officer if they assault a public officer who is performing a function of their office or employment as a public officer.

The elements of the charge are:

• An assault occurred;
• Of a public officer;
• While they were performing a function of their office or employment as a public officer.

A public officer includes any of the following classes of people:

• A driver, or person operating or in charge of a rail vehicle, a ferry, a taxi; or a bus;
• An ambulance officer who is performing their duties as an ambulance officer;
• A person who is performing duties as either a: Fire and Emergency Services officer, a State Emergency Services officer, a Volunteer Marine Rescue Service officer, or a member of a private or volunteer fire brigade;
• A person who is working in a hospital;
• A person who is providing a health service to the public;
• A contract worker who is providing court security services or custodial services; or
• A contract worker within the meaning of the Prisons Act 1981 (WA) who is performing functions under Part IIIA of that Act.

To prove the charge of Assaulting a Public Officer the prosecution is not required to prove that the victim suffered “bodily harm” or “grievous bodily harm”. An assault can occur when a public officer is pushed, struck, or subjected to any form of force, or when force is threatened with a credible likelihood that the offender will carry out the threat of harm.

The prosecution will need to prove that the victim was working in their role as a public officer at the time the alleged offence was committed. 

Sentencing & Penalties for Assaulting a Public Officer WA

In Western Australia, the law takes the offence of assaulting a public officer seriously and, depending on whether the matter is considered a summary offence or indictable offence, may carry a term of imprisonment or considerable fine.

The penalty received at sentencing may be influenced by mitigating factors such as the offender's criminal history, whether any defences were available, the degree of injury received and the general circumstances surrounding the incident.

Summary Offence of Assaulting a Public Officer

Assaulting a public officer can be heard summarily in the Magistrates Court if the offender was not armed with a dangerous or offensive weapon and was not accompanied by others during the offence.

If found guilty, the court can impose the following maximum penalties:

• Maximum fine of $36,000
• Term of imprisonment of up to three years.

If the assault results in injuries that affect the officer's health or comfort, the court must impose a mandatory minimum sentence of six months imprisonment.

Indictable Offence of Assaulting a Public Officer

If the offender was armed with a weapon, in the company of others, or if the parties do not agree to a summary trial, the case must be heard in the District Court.

Under Section 318 of the Criminal Code, if found guilty, the offender can face a term of imprisonment of up to ten years if armed or accompanied by others. If the offender was not armed and not in the company of others, the maximum sentence of imprisonment is seven years.

If the assault causes permanent injury, such as grievous bodily harm, the court must impose a mandatory minimum sentence of twelve months imprisonment.

Prescribed Circumstances

If assault by a public officer is committed in “prescribed circumstances”, mandatory sentencing laws will apply and the court must impose a sentence of immediate imprisonment.

Prescribed circumstances occur when 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 as defined in section 3 of the Public Transport Authority Act 2003.

Defences to the Charge

Several legal defences may be available to individuals charged with assaulting a public officer. These include:

• Self-Defence: The accused may argue that they acted in self-defence if they believed they were under threat of harm.
• Lack of Intent: The defence may claim that the accused did not intend to apply force or make a threat.
• Duress: The accused may argue that they were forced to commit the assault due to threats or coercion.
• Mistaken Identity: In some cases, the defence may argue that the wrong person has been charged.

Having a strategic defence is essential when facing a charge of assaulting a public officer. Our experienced assault lawyers in Perth are skilled at examining the specifics of your case to identify viable defences. 

Importance of Legal Representation

A conviction for assaulting a public officer can have significant consequences. The offender may face a term of imprisonment, fines, and a criminal record, which can have a lasting effect on their life. In addition to the legal implications, the offence can damage the offender’s reputation and affect employment prospects.

Given the complexity of criminal law and the serious consequences of a conviction, obtaining legal representation is crucial for anyone charged with assaulting a public officer. A skilled defence lawyer can help you navigate the legal process, challenge the prosecution’s case, and explore alternative resolutions.

When choosing a criminal lawyer, it's important to find someone experienced in criminal defence and knowledgeable about Western Australian law. 

Contact Andrew Williams

Andrew Williams is a criminal defence lawyer with extensive experience representing individuals charged with Assault. Andrew is dedicated to protecting your rights at every stage of the legal process and pursuing the best possible outcome regarding your legal matter.

With offices based in Perth and Fremantle, he also represents clients in courts across Australia and the regional areas of Western Australia. 

Contact the Law Offices of Andrew Williams for expert legal advice and representation in court on (08) 9278 2575.

Assault & Violent Offences

In the state of Western Australia, assault charges encompass a variety of conduct that is violent. This conduct varies greatly and carries different penalties based on the severity of harm, degree of violence involved and individual circumstances. 

• Common Assault - also referred to as unlawful assault, where a person applies force to another without that person's consent, such as pushing, slapping, striking, kicking and spitting. Physical contact is not always necessary, as threatening harm can also be considered an assault.
• Assault Occasioning Bodily Harm - this type of offence arises where, as a result of an assault, the accused causes another person physical harm, such a black eye, broken bone or swelling and bruising.
• Grievous Bodily Harm - the act of assault where the bodily injury either endangers life (or is likely to endanger life) or causes permanent injury to health (or is likely to cause permanent injury to health). This could include a broken jaw or a serious head injury. 
• Assault With Intent - this offence occurs when the assault was carried out by a person with the intent of committing or facilitating the commission of a crime, committing grievous bodily harm to any person, or resisting or preventing the lawful arrest or detention of any person.
• Unlawful Wounding - this offence occurs when a person breaks both layers of the skin of another person, without lawful reason. This includes inflicting a cut, burn or stab wound however it is not necessary to have used a weapon, and the injury does not have to be severe or long-term.
• Unlawful Indecent Assault - this can encompass a wide range of behaviours and depends on the act itself, the circumstances of the conduct, and/or the relationship between the parties involved. It is sexual, without the consent of the other person.
• Sexual Assault - this includes sexual penetration without consent, indecent dealings with a child under 16 years of age, using electronic communication to procure a child to engage in sexual activity, distribution and possession of child pornography or child exploitation material, or sexual offences against a child of or over 16 where the accused is in a position of authority.

It's important to speak with an experienced assault lawyer for specific advice tailored to your matter as circumstances vary considerably from case to case.