What is an Assault?
A person who
- assaults or threatens to assault another person with intent to commit an indictable offence; or
- assaults or threatens to assault, resists or intentionally obstructs a person acting in aid of a member of the police force or in aid of a protective services officer knowing that the member, officer or person is such a member, officer or person; or
- assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
Assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force is
- without lawful excuse; and
- with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty and results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).
Application of force includes
- application of heat, light, electric current or any other form of energy; and
- application of matter in solid, liquid or gaseous form.
Assaulting or resisting constables etc.
- Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force or a protective services officer in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member or officer in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.
Penalty: 25 penalty units or imprisonment for six months.
Any person who together with others wilfully and without lawful authority besets any premises, whether public or private, for the purpose and with the effect of obstructing, hindering, or impeding by an assemblage of persons the exercise by any person of any lawful right to enter, use, or leave such premises shall be guilty of an offence.
Penalty: 15 penalty units or imprisonment for three months.
In addition to imposing a penalty the court may order and award a sum sufficient to cover any damage which any such member of the police force, protective services officer, person or member of staff has sustained by such assault resistance obstruction hindrance or delay, such sum to be recoverable in the same manner as the penalty.