Assault Offences that Relate to Specific Occupations in NSW

Whilst there are a number of general assault offences outlines under the Crimes Act 1900 (NSW), including common assault and assault occasioning actual bodily harm, there are also a number of highly specific ones which relate to specific occupations – offences that are primarily in place to deter assaults against these categories of workers.

Here are some of the occupations which attracted special protections against being assaulted in our state.

The offence of assaulting clergy

Section 56 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of two years in prison for any person who either:

• by threats or force prevents, or endeavours to prevent, any member of the clergy, or other person duly authorised in that behalf, from officiating in a place of divine worship, or from the performance of his or her duty in the lawful burial of the dead in a burial-place; or
• strikes, or offers any violence to, any member of the clergy, or minister engaged in, or to the knowledge of the offender about to engage in, any of the duties aforesaid, or going to perform the same.

The definition of ‘clergy’ is not contained in the Act, but case law has made clear it can encompass rabbis, imams, priests, ministers, bishops and pastors.

A ‘place of divine worship’ is broader than simply a church, temple or mosque and includes any building or structure ordinarily used for Divine worship.

Offences relating to assaulting retail workers

Section 60G of the Crimes Act 1900 (NSW) outlines a number of offences relating to assaults against retail workers.

Section 60G(1) of the Act outlines an offence if a person  assaults, throws a missile at, stalks, harasses or intimidates a retail worker in the course of the worker’s duty. This offence carries a maximum penalty of 4 years imprisonment.

Section 60G(2) of the Act outlines an offence for assault of a retail worker occasioning actual bodily harm  in the course of the worker’s duty. This offence carries a maximum penalty of 6 years imprisonment.

Section 60G(3) of the Act outlines an offence for wounding or causing grievous bodily harm to a retail worker in the course of the worker’s duty, whilst being reckless as to causing actual bodily harm to the worker. This offence carries a maximum penalty of 11 years imprisonment.

A ‘retail worker’ is defined as a person whose duties primarily involve working in an area of a shop open to the public. An action is taken to be carried out in relation to a retail worker, even if they are not working at the time if it is carried out as a consequence of, or in retaliation for, actions undertaken by the retail worker in the course of the worker’s duty.

Offences relating to assaulting frontline workers

A number of offences are outlined under the Act specifically criminalising assault and other actions against frontline workers including police (section 60) and other law enforcement (section 60A), emergency workers (section 60AD) and health workers (section 60AE).

Under various sections of the Act it is an offence to:

• Hinder or obstruct, or incite another person to hinder or obstruct any of these frontline workers under each relevant section, carrying a maximum penalty of 12 months imprisonment and/or a maximum fine of $2,200.
• Assault, throws a missile at, stalk, harasses or intimidate these frontline workers in the course of the worker’s duty, although no actual bodily harm is caused to the worker. This offence carries a maximum penalty of 5 years imprisonment under each section, which increases to 7 years imprisonment if a circumstance of ‘public disorder‘ is present.
• Assaults a frontline worker occasioning actual bodily harm in the course of the worker’s duty are outlined under the Act. This offence carries a maximum penalty of 9 years imprisonment under each section.
• Wounds or causes grievous bodily harm to a frontline worker in the course of the worker’s duty, whilst being reckless as to causing actual bodily harm to the worker. This offence carries a maximum penalty of 12 years imprisonment under each section, which increases to 14 years imprisonment if a circumstance of ‘public disorder‘ is present.

Similar to the retail worker offences, an action is taken to be carried out in relation to a frontline worker, even if they are not working at the time if it is carried out as a consequence of, or in retaliation for, actions undertaken by the retail worker in the course of the worker’s duty.

Going to court for an assault offence?

If you have been charged with an assault offence, call Sydney Criminal Lawyers anytime on 9261 8881 to arrange a free first conference during which one of our experienced criminal defence lawyers will advise you of your options and the best way forward, and fight for the optimal outcome.