In Victoria, if you assault a police officer or an emergency worker you can be charged with assault police and assault emergency workers.
In simple terms emergency workers are:-
1. On-duty police officers or protective service officers,
2. Ambulance or paramedic staff,
3. Hospital workers,
4. Fire brigade workers,
5. Country Fire Authority workers,
6. SES workers.
However, the accused must have known or was reckless to the fact that the victim was an emergency services worker.
The jail terms carry minimum sentences.
Section 10AA of the Sentencing Act 1991(Vic) provides that for assault police or assault emergency workers, a court must impose a term of imprisonment and fix a non parole period of not less than the period specified in column 2 of Table 1.
Column 1 Column 2
Offence Minimum non-parole period
Section 15A (Causing serious injury intentionally in circumstances of gross violence) 5 years
Section 15B (Causing serious injury recklessly in circumstances of gross violence) 5 years
Section 16 (Causing serious injury intentionally) 3 years
Section 17 (Causing serious injury recklessly) 2 years
Section 18 (Causing injury intentionally or recklessly) 6 months
It should be noted in this regard that these are only the minimum sentences. The maximums for assault police and assault emergency workers are much higher.
However, if a court finds that a special reason for the assault police or assault emergency workers exists the court does not have to apply these sentences. Section 10A of the Sentencing Act 1991(Vic) sets out the special reasons. These reasons are very restricted.
If you are facing any problems regarding a charge of assault police or assault emergency workers, you should feel free to ring Brendan Wilkinson.
Free first Consultation.
All clients will deal with Mr Wilkinson personally.
Brendan Wilkinson, Criminal Defence Lawyer
Level 4 116 Hardware St
Melbourne VIC 3000
9670 1987 0438 670 198