ASSAULTS & INJURIES

ASSAULT OR INJURE EMERGENCY WORKER.

Assaulting an emergency worker is a serious offence with the most incidents involving injuries carrying mandatory jail terms as a general deterrence to the public.

Emergency workers include police, youth justice custodial workers, custodial officers, paramedics and firemen.

In Victoria you can be charged under section 31(1)(b) of the Crimes Act 1958 or section 51(2) of the Summary Offences Act 1966.

Which offence the police decide to charge a person will depend on the seriousness of the incident.

PROOF, PENALTIES & DEFENCES.

Assault Emergency Worker.

The prosecutor has to prove that there was an assault and you knew or was reckless as to whether the person was an emergency worker when you assaulted or threatened to assault them; and that person was on duty at the time.

Defences:

  • that the person was not an emergency worker;
  • that the person was not on duty;
  • al the defences available for the offence of Assault.

Penalties:

  • s51(2) Summary Offences Act 1966: Fine up to $9,900; or maximum 6 months jail.
  • s31(1)(b)Crimes Act 1958: Maximum 5 years jail.

Injure or seriously injure an Emergency Worker.

Injuries to emergency workers carry mandatory jail terms under section 10AA of the Sentencing Act 1991 unless you can satisfy a court that a “special reason” exist under section 10A of the Act.

To enliven this provision, the prosecutor must prove that you intentionally or recklessly caused an injury or caused a serious injury and that the person was an emergency worker on duty.

Defences:

  • that the person was not an emergency worker;
  • that the person was not on duty;
  • al the defences available for the offences of Causing Injury or Causing Serious Injury.

Penalties:

  • s16 Intentionally Cause Serious Injury: Minimum 3 years jail.
  • s17 Recklessly Cause Serious InjuryMinimum 2 years jail.
  • s18 Intentionally or Recklessly Cause Injury: Minimum 6 months jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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