Assault Police:

For the offence of assault police to be made out, the police officer must prove, beyond a reasonable doubt, the following:

1. The person assaulted, harassed or intimidated the police officer; and
2. The police officer was in the execution of his or her duty.

The offence does not require that the police officer suffers any form of actual bodily harm. Different penalties are imposed depending on whether the police officer suffered actual bodily harm or not.

To prove the offence, the police officer will also need to prove that the person committed the assault.

The maximum penalty for assaulting a police officer is five (5) years imprisonment. The maximum penalty for assaulting a police officer and causing bodily harm is seven (7) years imprisonment. However, the maximum penalty for assaulting a police officer and wounding the police officer or causing grievous bodily harm is twelve (12) years imprisonment.

Depending on the circumstances of the case, there may be other penalties that may be imposed instead. Other potential penalties may include:

• Section 10: this is a dismissal of your case. With a section 10, even though you plead guilty, the Court may decide not to convict you in this instance. A section 10 is dependent on a range of factors and is entirely up to the discretion of the Court.
• Imposition of a fine: depending on the situation and criminal history of the individual, the court may decide to impose a fine instead of imprisonment. The Court will also consider the financial situation of the individual.
• Good behaviour bond: if this penalty is imposed, you will be required to be of good behaviour for a specified period of time. If you breach the good behaviour bond by engaging in unlawful activity, you will be brought before the Court again (usually for the offence resulting in the breach of the bond and also the offence in respect of which the good behaviour bond was imposed) and a further penalty will be imposed (this may include imprisonment) – effectively, you will be sentenced afresh, for the initial offence or offences in which a good behaviour bond was imposed, as well as any new offence or offences.
• Community service order: the Court may order you to undertake a number of unpaid hours/days per week at a community centre. There are additional requirements you may need to satisfy to ensure that you are capable of undertaking such work.
• Suspended sentence: a suspended sentence is generally given on the basis of some good behaviour or other conditions.  This essentially means that if you breach the good behaviour or other conditions, you will go to jail for the period specified in the suspended sentence.