News · NSW criminal law
Assault, resist or hinder police in New South Wales.
Charges against police are some of the most common in the NSW criminal courts. They cover a wide range of conduct, from a shove during an arrest to a punch that lands, from pulling an arm away to a struggle on the ground. The law grades them by two things: the harm caused, and whether the officer was acting lawfully at the time. Section 60 of the Crimes Act 1900 sets out the assault offences and runs the maximum from 5 years up to 14 during a public disorder. Section 546C covers resisting and hindering. This note sets out each offence, the penalties, the standard non-parole periods, what actually counts as resisting, and the defence that turns on whether the officer was acting in the execution of their duty.
By Aaron Kernaghan · Published 6 July 2026
What is the penalty for assaulting a police officer in NSW?
Assaulting a police officer is its own offence under section 60 of the Crimes Act 1900. It is separate from ordinary assault, and the penalties are higher. The section grades the offence by the harm caused to the officer, and by whether it happened during a public disorder such as a riot or a large brawl.
The base offence is an assault on a police officer in the execution of their duty where no bodily harm results. It carries a maximum of 5 years, rising to 7 years during a public disorder. The same limb covers throwing a missile at, stalking, harassing or intimidating an officer, and it is the charge used where a person spits at or coughs on police. The next tier is an assault that causes actual bodily harm, meaning an injury that is more than trifling, such as bruising or a cut. That carries 7 years, or 9 during a public disorder. The top tier is wounding or causing grievous bodily harm, which means an injury of a really serious kind. It carries 12 years, or 14 during a public disorder. The full text of the section is on the NSW legislation site.
The first two tiers are usually finalised in the Local Court. When a matter stays there, the most that court can impose for any single offence is 2 years, whatever the maximum in the section says. The wounding and grievous bodily harm tier is more serious and is dealt with on indictment before a judge, and sometimes a jury. There is a companion offence in section 60A for assaults on law enforcement officers who are not police, such as some correctional and youth justice staff.
What is the minimum punishment for assaulting a police officer?
There is no mandatory minimum. A court has the full sentencing range open to it. At the low end, a first offender who pushed an officer during a heated arrest and caused no injury might receive a fine or a conditional release order. At the high end, a deliberate assault that put an officer in hospital will attract full-time imprisonment. The sentence has to reflect the objective seriousness of what happened and the offender's circumstances, using the factors in section 21A.
What the two aggravated tiers do carry is a standard non-parole period. For an assault causing actual bodily harm under section 60(2) that figure is 3 years. For wounding or grievous bodily harm under section 60(3) it is 5 years. A standard non-parole period is the time a middle of the range offender would serve before becoming eligible for release. It is a guidepost a judge measures the case against, not a fixed floor, as the High Court explained in Muldrock v The Queen [2011] HCA 39, on JADE. Sentencing for assaults on police and other frontline workers was reviewed by the NSW Sentencing Council, which shows how the courts treat this conduct.
Is resisting arrest a crime in NSW?
Yes. Resisting or hindering police is an offence under section 546C of the Crimes Act 1900. It reads that any person who resists or hinders, or incites another to assault, resist or hinder, a police officer in the execution of their duty is liable in the Local Court to 12 months imprisonment or a fine of 10 penalty units, or both. Ten penalty units is currently $1,100. It is a summary offence, so it stays in the Local Court.
There is also a more serious offence in section 58, resisting the lawful apprehension of any person, which carries a maximum of 5 years. Section 58 is used where force is applied to resist an arrest, and it can be dealt with on indictment. In practice resist and hinder are often laid alongside an assault police charge from the same incident, because the conduct overlaps. The Crown still has to prove each element of each charge.
Is yelling at police resisting arrest?
No. Words on their own are not enough. Resisting means using physical force to oppose the officer. Common examples are pulling an arm away as an officer takes hold of it, struggling against handcuffs, going limp to make an arrest harder, or running from a lawful arrest. Hindering is wider than resisting and does not need physical contact, but it does need an act that makes the officer's task substantially more difficult. Standing in a doorway to block access, or warning someone that police are coming so they can get away, can be hindering.
The key word is substantial. A minor or momentary obstruction is not the offence. Swearing at police, arguing with them, or refusing to answer their questions, without more, is not resisting or hindering, although it may be charged as offensive language or another summary offence. A person is generally entitled to stay silent when questioned, and exercising that right is not hindering. Our note on the police interview and the right to silence explains where that line sits.
What happens if I resist arrest?
Most resist and hinder matters start with a court attendance notice and a first date in the Local Court. The offence carries a criminal record if proved, which is why even a low-level charge is worth defending or, where a plea is right, presenting carefully. On a plea, a court can still deal with the matter without a conviction under section 10 of the sentencing Act in a suitable case, and our note on section 10 outcomes sets out when that is open.
These charges frequently arise from a fast, confused encounter. The first task is to get the full picture: the police facts, the body worn camera, the timing of the arrest, and what the officer said and did before the accused reacted. Body worn footage often decides these cases, because it shows whether the officer was acting lawfully and how the incident actually unfolded. The first thirty days after a charge is when that material should be secured.
The lawful arrest defence: was the officer acting in the execution of duty?
Every offence in this group shares one element. The officer must have been acting in the execution of their duty. That is the point on which many of these charges turn. If the arrest was unlawful, or the direction the officer gave was not one they were entitled to give, the officer was not acting in the execution of duty, and the assault, resist or hinder charge can fall away with it. A person is also entitled to use reasonable force to resist an unlawful arrest.
The courts have warned against charging resist and assault police where the underlying police action was heavy-handed or unlawful. In DPP v Carr [2002] NSWSC 194, on JADE, the Supreme Court said police should not use these charges as a routine response to a citizen who is merely rude or difficult, especially where a lesser course was open. The lawfulness of the arrest is tested against the police powers in the Law Enforcement (Powers and Responsibilities) Act 2002, which sets out when an officer may arrest and what they must do.
Self-defence can also apply, for example where an officer used excessive force and the accused responded. So can honest and reasonable mistake, where the accused honestly believed on reasonable grounds that the person was not a police officer acting lawfully. Which defence fits depends on the facts, and on the footage.
How these charges sit with other assault offences.
The assault police offences mirror the general assault offences, but with police as the victim and higher maximums. An assault with no injury lines up with common assault. An assault causing actual bodily harm lines up with assault occasioning actual bodily harm. Wounding or grievous bodily harm lines up with reckless wounding and grievous bodily harm. Where a crowd is involved, police assaults are sometimes charged alongside affray. The choice of charge sets the court, the maximum and the standard non-parole period, so getting the classification right at the start matters.
What defence work looks like in a police assault case.
The starting point is the lawfulness of the police action and the reliability of the account of what happened. Was the arrest lawful? Did the officer have the power to do what they did? Does the body worn footage match the police facts? Those questions decide whether the charge can be defended, and they shape any plea if the evidence is strong.
From there the work is practical. It may be a defended hearing where the Crown cannot prove the officer was acting lawfully. It may be a plea presented so a court can keep the matter to a fine or a conditional release order, or deal with it without a conviction. Either way, these cases reward early preparation, because the footage and the police notes are freshest at the start. If you or a family member has been charged with assaulting, resisting or hindering police, get advice before the first court date.
Frequently asked.
What is the penalty for assaulting a police officer in NSW?
Section 60 grades it by harm. Assault with no bodily harm carries 5 years, or 7 during a public disorder. Assault causing actual bodily harm carries 7 years, or 9 during a public disorder. Wounding or grievous bodily harm carries 12 years, or 14 during a public disorder. The lower tiers are usually finalised in the Local Court, where the cap for a single offence is 2 years.
What is the minimum punishment for assaulting a police officer?
There is no mandatory minimum. A court can impose anything from a fine or a conditional release order to full-time imprisonment. The aggravated tiers carry standard non-parole periods of 3 years for actual bodily harm and 5 years for grievous bodily harm, but those are guideposts for a middle of the range case, not floors.
Is resisting arrest a crime in NSW?
Yes. Resisting or hindering police is an offence under section 546C of the Crimes Act 1900, dealt with in the Local Court, with a maximum of 12 months imprisonment or a $1,100 fine, or both. Using force to resist a lawful arrest can also be charged under section 58, which carries 5 years. The officer must have been acting lawfully.
Is yelling at police resisting arrest?
No. Words alone are not resisting or hindering. Resisting needs physical force against the officer, such as pulling away or struggling. Hindering needs an act that makes the officer's task substantially more difficult. Swearing or arguing, without more, is not the offence, though it may be charged as offensive language.
What is the maximum sentence for assaulting a police officer in NSW?
The highest is 14 years, for recklessly wounding or causing grievous bodily harm to a police officer during a public disorder. Outside a public disorder, wounding or grievous bodily harm carries 12 years, assault causing actual bodily harm carries 7 years, and assault with no bodily harm carries 5 years.
Can the charge be defended if the arrest was unlawful?
Often, yes. Every offence in this group needs the officer to have been acting in the execution of their duty. If the arrest or direction was not lawful, the charge can fail. A person may also use reasonable force to resist an unlawful arrest, and self-defence and honest and reasonable mistake can apply depending on the facts.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 6 July 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
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