Book Your Free Consultation

About Police Offences

Police offences include assaulting a police officer or resisting police in the execution of their duties. These offences are treated seriously and can attract significant penalties, particularly where force is used or injury is caused.

To establish guilt, the prosecution must prove that the person involved was a police officer acting in the execution of their duties at the relevant time. In some circumstances, an offence may still be made out even if the officer was not on duty, depending on the nature of the conduct.

Book Your Free Consultation

Sydney-Based Court Experience

We appear frequently in Sydney Local Courts, as well as the District and Supreme Courts of NSW. Our familiarity with local court processes, police procedures, and prosecution practices allows us to navigate cases efficiently and effectively.

Strategic, Individualised Representation

No two cases are the same. We take the time to understand the circumstances of each matter and provide clear, practical advice based on the evidence, your objectives, and the likely outcomes.

Focused on Protecting Your Future

Our priority is to protect your rights and minimise the impact of charges on your life. Where possible, we work to avoid convictions, reduce penalties, and achieve outcomes that safeguard your future.

Quick Navigation

Assault Police Resist Arrest

Assault Police

Assaulting a police officer is a criminal offence under section 60A(1) Crimes Act 1900 (NSW). This offence occurs when a person assaults a police officer whilst they are performing their duties.

The maximum penalty increases to 7 years in prison if the accused inflicts ‘actual bodily harm’ on the officer, and 12 years if the accused inflicts ‘grevious bodily harm’.

There are circumstances whereby an offence under this section can be made out even if the officer was not on police duty at the relevant time. These circumstances include:

a) the assault occurred as a consequence of, or in retaliation for, action taken whilst the officer was on duty; or

b) if the assault occurred because the person is a police officer.

Resist Arrest

Resisting an officer in the execution of their duty is an offence under section 60A(1AA) Crimes Act 1900 (NSW).

In order to be convicted of this offence, the prosecution must prove beyond a reasonable doubt:

  1. That the accused person resisted or hindered, or incited any other person to assault, resist or hinder;
  2. The victim or person concerned was a police officer; and
  3. The police officer was acting in the execution of his or her duty at the time.

In R v Galvin (No. 2) 1961, the Court held that the word ‘resist’ carries with it the idea of opposing by force some course of action which the person resisted is attempting to pursue.

Section 10

Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW) allows a court to dismiss a charge without recording a conviction following a plea of guilty or a finding of guilt.

In practice, a Section 10(1)(a) dismissal is most commonly granted after a plea of guilty, where the offender demonstrates genuine remorse, contrition, and otherwise good character. When imposed, the matter is finalised with no criminal conviction recorded.

Read More

Appeals

There are two types of criminal appeals: conviction appeals and severity appeals.

A conviction appeal challenges a finding of guilt following a contested hearing, while a severity appeal challenges the sentence imposed after a plea of guilty or a finding of guilt. An appeal against both conviction and sentence is known as an “all grounds appeal.”

If the appellate court is considering imposing a more severe sentence, the judge must issue a Parker warning (as established in Parker v DPP (1992) 28 NSWLR 282), giving the appellant the opportunity to withdraw the appeal before a harsher penalty is imposed.

Appeals must be lodged within 28 days of sentencing.

Read More

Legal Aid

Legal Aid NSW is a government-funded organisation that provides legal advice and representation to eligible members of the community.

Assistance through Legal Aid NSW is subject to specific eligibility criteria and assessment processes.

In some cases, Legal Aid NSW may allocate criminal matters to approved private solicitors who are members of the relevant Legal Aid Panel. If you are granted Legal Aid, you may request that your matter be referred to Willcox Criminal and Civil Lawyers.

Read More

Section 14

Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) allows certain criminal charges to be dismissed where the defendant has a mental health condition.

A Section 14 order enables an eligible defendant to apply for dismissal of the charge by entering into an agreement to undertake appropriate mental health treatment, rather than proceeding through the criminal justice system.

Read More

Delivering results, one case at a time.

Request a Free Consultation by calling (02) 8251 0067 or by completing the online form.

Book a Free Consultation

DD slash MM slash YYYY

Testimonials

Here are some of the reviews left by our esteemed clients.

Outstanding Legal Support

“I used Willcox Criminal and Civil Lawyers for a matter last year. Ben was the lawyer that assisted me. Through the whole process, I was kept up to date and provided full and frank costings before proceeding. Ben’s knowledge and expectations on how the matter would run, were amazing. He was kind, courteous and was able to sympathise with me, and was available for questions I may have. He would respond as soon as he was available to. I could not recommend this firm more for Criminal matters. They are absolute champions.”

- Brett, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Life-Changing

“Dear Ben Willcox, we can’t thank you enough for your professionalism, compassion and expert legal guidance during an extremely stressful time for our family. Your strong advocacy resulted in a “good behaviour bond” instead of a “conviction and penalty” which has made a life-changing difference to our nephew’s future. We are forever grateful. We highly recommend your services.”

- Esperanza, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Victorious Result

“We recently worked with Ben & Michael at Willcox Criminal & Civil Lawyers with a challenging legal matter involving The Department of Fair Trading. They took the time to understand our case, offering clear guidance and support at every step. Their passion for justice and dedication to our case was evident, and it was clear that they were invested in achieving the best possible outcome for us. We are extremely grateful to Ben and Michael for securing us a victorious result. If ever you need reliable legal counsel, look no further than Willcox Criminal & Civil Lawyers, they are the best.”

- Julie, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Made All The Difference

“Your efforts in negotiating with the police on my behalf made all the difference, and I’m extremely grateful for the excellent result you were able to achieve. Your approach gave me confidence throughout the process, and I truly felt supported every step of the way. I can’t thank you enough for your hard work, and I’m beyond appreciative of how you both handled everything with care and expertise.”

- Tim, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Highly Recommended

“Ben was always available, clear and informative – he was able to effectively communicate with the police and managed to prevent charges that seemed inevitable at one point. Highly recommended.”

- Etha, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Outstanding

“Michael and his team have been nothing short of outstanding. Professional, patient, supportive and person centred, truly understanding the case. Thank you.”

- Nick, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Excellent Result

“Your efforts in negotiating with the police on my behalf made all the difference, and I’m extremely grateful for the excellent result you were able to achieve. Your approach gave me confidence throughout the process, and I truly felt supported every step of the way. I can’t thank you enough for your hard work, and l’m beyond appreciative of how you both handled everything with care and expertise. Thanks heaps.”

- Tim, NSW


Testimonials

Here are some of the reviews left by our esteemed clients.

Highly Professional

“I recently used the services of Ben at Wilcox Criminal and Civil Lawyers for my case, and I couldn’t be more satisfied with the outcome. Ben managed to secure a result with no conviction recorded, which was exactly what I was hoping for. The team was professional, thorough, and communicated clearly throughout the process. They understood the nuances of the legal system and knew how to navigate it to achieve the best possible outcome for my situation. I highly recommend their services to anyone in need of skilled criminal defence representation.”

- Chris, NSW