❓ Provides data on convictions for assaulting a public officer (specifically police) in the South West police district of WA for specified periods. Clarifies charging practices under the Criminal Code.
AnsweredQoN 4072Legislative Council
QuestionView source ↗
For each of the years 2014-2015 and 2015-2016, how many people charged with assaulting a police officer in the South West police district were convicted of the charge?
AnswerView source ↗
Answered
21 June 2016
Response time
76 days
A public officer is defined within section (1) of the Criminal Code 1913 (WA) as including, among a number of other specific professions; police officers, prison officers, Ministers of the Crown and Members of either House of Parliament.
People who assault a public officer are generally charged with either grievous bodily harm as per section 297 of the Code or with serious assault as per section 318. While section 318 specifically mentions public officers within the offence itself – as per section 318 (1)(d) – section 297 does not specifically mention public officers as part of the offence, and as such victims who are public officers cannot be distinguished from any other victim at the offence level. Instead, the fact that the victim was a public officer is taken into consideration at the time of sentencing, as higher penalties are applicable.
The following numbers of people were convicted by a court located within the South West region for assaulting a public officer as per section 318 (1)(d) of the Code.
1 July 2014 to 30 June 2015 – 39
1 July 2015 to 31 March 2016 – 23
People who assault a public officer are generally charged with either grievous bodily harm as per section 297 of the Code or with serious assault as per section 318. While section 318 specifically mentions public officers within the offence itself – as per section 318 (1)(d) – section 297 does not specifically mention public officers as part of the offence, and as such victims who are public officers cannot be distinguished from any other victim at the offence level. Instead, the fact that the victim was a public officer is taken into consideration at the time of sentencing, as higher penalties are applicable.
The following numbers of people were convicted by a court located within the South West region for assaulting a public officer as per section 318 (1)(d) of the Code.
1 July 2014 to 30 June 2015 – 39
1 July 2015 to 31 March 2016 – 23
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