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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 22 October 2017 at 00:45)
Part 3 Division 8A
Division 8A Assaults and other actions against police and other law enforcement officers
60AA   Meaning of “law enforcement officer”
In this Division:
law enforcement officer means:
(a)  a police officer, or
(b)  a Commissioner or Assistant Commissioner of the Independent Commission Against Corruption, or
(c)  an officer of the Independent Commission Against Corruption, within the meaning of the Independent Commission Against Corruption Act 1988, who performs investigation functions, or
(d)  a Commissioner or Assistant Commissioner of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, or
(e)  any other officer of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016, who performs investigation or confiscation functions, or
(f)  the Commissioner for the New South Wales Crime Commission or an Assistant Commissioner for that Commission, or
(g)  a member of staff of the New South Wales Crime Commission, within the meaning of the Crime Commission Act 2012, who performs investigation or confiscation functions, or
(h)  the Commissioner of Corrective Services, or
(i)  governors of correctional centres, correctional officers and probation and parole officers, within the meaning of the Crimes (Administration of Sentences) Act 1999, or
(j)  an officer of the Department of Juvenile Justice who works with children who have, or are alleged to have, committed offences and who is employed at or works from a community centre or children’s detention centre, or
(k)  an officer of the Department of Juvenile Justice who is involved in the conduct of youth justice conferences, or
(l)  a Crown Prosecutor or an Acting Crown Prosecutor, or
(m)  an Australian legal practitioner who is employed as a member of staff of the Director of Public Prosecutions, or
(n)  a sheriff’s officer, or
(o)  a recognised law enforcement officer within the meaning of the Police Act 1990, or
(p)  a special constable within the meaning of section 82L of the Police Act 1990, or
(q)  an officer of an approved charitable organisation, within the meaning of the Prevention of Cruelty to Animals Act 1979, who performs investigation, confiscation or other law enforcement functions.
60   Assault and other actions against police officers
(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
(1A)  A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.
(2)  A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(2A)  A person who, during a public disorder, assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.
(3)  A person who by any means:
(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 12 years.
(3A)  A person who by any means during a public disorder:
(a)  wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 14 years.
(4)  For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer’s duty, even though the police officer is not on duty at the time, if it is carried out:
(a)  as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer’s duty, or
(b)  because the officer is a police officer.
60A   Assault and other actions against law enforcement officers (other than police officers)
(1)  A person who assaults, throws a missile at, stalks, harasses or intimidates a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
(2)  A person who assaults a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(3)  A person who by any means:
(a)  wounds or causes grievous bodily harm to a law enforcement officer (other than a police officer) while in the execution of the officer’s duty, and
(b)  is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 12 years.
(4)  For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the officer is not on duty at the time, if it is carried out:
(a)  as a consequence of, or in retaliation for, actions undertaken by that officer in the execution of the officer’s duty, or
(b)  because the officer is a law enforcement officer.
60B   Actions against third parties connected with law enforcement officers
(1)  A person who assaults, stalks, harasses or intimidates 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:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the law enforcement officer is a law enforcement officer,
is liable to imprisonment for 5 years.
(2)  A person who obtains personal information about a person with whom a law enforcement officer has a domestic relationship, with the intention of using or permitting the use of the information to cause the officer to fear physical or mental harm:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the law enforcement officer is a law enforcement officer,
is liable to imprisonment for 5 years.
(3)  For the purposes of this section, causing a law enforcement officer to fear physical or mental harm includes causing the officer to fear physical or mental harm to another person with whom he or she has a domestic relationship.
(4)  For the purposes of this section, a person intends to cause fear of physical or mental harm if he or she knows that the conduct is likely to cause fear in the other person.
(5)  For the purposes of this section, the prosecution is not required to prove that the person alleged to have been assaulted, stalked, harassed or intimidated, or the law enforcement officer, actually feared physical or mental harm.
(6)  In this section, domestic relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.
60C   Obtaining of personal information about law enforcement officers
A person who obtains personal information about a law enforcement officer, with the intention of using or permitting the use of the information for the purpose of assaulting, stalking, harassing, intimidating, or otherwise harming, the officer:
(a)  as a consequence of, or in retaliation for, actions undertaken by the law enforcement officer in the execution of the officer’s duty, or
(b)  because the officer is a law enforcement officer,
is liable to imprisonment for 5 years.