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7.4.9.4 - Checklist: Assaulting a Member of the Police Force

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[This checklist is based on an intentional assault of a police officer involving the application of force. If the assault in issue involved a threat to apply force, the reckless application of force, or an assault on a person acting in aid of a police officer, it will need to be amended as necessary.]

 

Seven elements that the prosecution must prove beyond reasonable doubt:

  1. The accused applied force to the body of the complainant; and
  2. The accused intended to [insert one or more of the following: injure the complainant, inflict pain, cause discomfort, cause damage, cause insult or deprive the complainant of liberty]; and
  3. The accused’s actions resulted in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty]; and
  4. The complainant was a member of the police force; and
  5. The complainant was acting in the due execution of duty; and
  6. The accused knew that the complainant was a member of the police force; and
  7. The actions of the accused were without lawful excuse.

 

Application of Force

1. Did the accused apply force to the body of the complainant?

If Yes, then go to 2

If No, then the accused is not guilty of assault

Intention

2. Did the accused intend to [insert one or more of the following: injure the complainant, inflict pain, cause discomfort, cause damage, cause insult or deprive the complainant of liberty]?

If Yes, then go to 3

If No, then the accused is not guilty of assault

Result of the Accused’s Actions

3. Did the actions of the accused result in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty].

If Yes, then go to 4

If No, then the accused is not guilty of assault

Member of the Police Force

4. Was the complainant a member of the police force?

If Yes, go to 5

If No, then the accused is not guilty of assault

Due execution of Duty

5. Was the complainant acting in the due execution of duty?

If Yes, then go to 6

If No, then the accused is not guilty of assault

Knowledge of the Accused

6. Did the accused know that the complainant was a member of the police force?

If Yes, then go to 7

If No, then the accused is not guilty of assault

Without Lawful Excuse

7. Was the accused acting without lawful excuse?

If Yes, then the accused is guilty of assault
(as long as you have answered yes to 1, 2, 3, 4, 5 and 6)

If No, then the accused is not guilty of assault

 

Last updated: 2 May 2006

See Also

7.4.9 - Statutory Assault

7.4.9.1 - Charge: Assault with Intent to Commit an Indictable Offence (s31(1)(a))

7.4.9.2 - Checklist: Assault with Intent to Commit an Indictable Offence

7.4.9.3 - Charge: Assaulting an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.5 - Charge: Resisting/Obstructing an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.6 - Checklist: Resisting a Member of the Police Force

7.4.9.7 - Checklist: Obstructing a Member of the Police Force

7.4.9.8 - Charge: Resisting Arrest (s31(1)(c))

7.4.9.9 - Checklist: Resisting Arrest