Report on Mandatory Sentences - Law Reform Commission

4.183 Section 297 of the Criminal Code provides a mandatory minimum sentence for the commission,
in prescribed circumstances, of grievous bodily harm against a member of one of a number of specified
classes of public officer. 434 Under this section, a sentencing court must impose a minimum sentence of
12 months’ imprisonment upon an adult offender or three months’ imprisonment or detention, as it sees
fit, upon an offender aged 16 or 17 years. The court may not suspend any sentence imposed under this
regime and must record a conviction against the offender.
4.184 Section 318 of the Criminal Code provides a mandatory minimum sentence for the commission,
in prescribed circumstances, of a serious assault resulting in bodily harm to a member of one of a number
of specified classes of public officer. 435 Under this section, a sentencing court must impose a minimum
sentence of six months’ imprisonment on an adult offender, or three months’ imprisonment or detention,
as it sees fit, on an offender aged 16 or 17 years. Where the perpetrator was at least 18 years of age at
the time of the offence and was at, or immediately before or immediately after the commission of the
offence, armed with any dangerous or offensive weapon or instrument, or in company with another
person or persons, he or she will attract a minimum sentence of 9 months’ imprisonment. When
sentencing an offender under section 318, the court may not suspend any term of imprisonment imposed
and must record a conviction against the person.
4.185 It has been emphasised by the Government of Western Australia that since the introduction of
these mandatory sentencing provisions in September 2009, reported assaults against police officers have
declined significantly. 436 Whether this decrease is attributable to the new sentencing regime is, however,
uncertain. The Sentencing Advisory Council of Tasmania has observed that shortly prior to the
introduction of these provisions, the Western Australian police changed their policy regarding single
officer patrols so that officers were no longer to be rostered, directed or encouraged to patrol alone. 437
This has been identified as a factor which may have contributed to the decrease in reported assaults on
police officers. 438 The Council has also noted that assaults in public places declined during the years
2009-2011, matching the pattern regarding assaults against police officers for the same period. 439 This
decline in assault offences occurred not only in Western Australia but in Tasmania, and has been
434
435
436
437
438
439
Specifically, section 297(8) of the Criminal Code provides that this sentencing regime will apply where: (a) the
victim is a police officer, prison officer or security officer performing a function of his or her office or
employment; (b) the offence is committed against a police officer, prison officer or security officer on account
of his or her being such an officer, or on account of his or her performance of a function of his or her office or
employment; (c) the victim is an ambulance officer performing his or her duties as such; (d) the victim is a
contract worker who is providing court security services or custodial services under the Court Security and
Custodial Services Act 1999 (WA); or (e) the victim is a contract worker providing services under Part IIIA of
the Prison Act 1981 (WA).
Specifically, section 318(5) of the Criminal Code provides that this sentencing regime will apply where the
victim, who suffers bodily harm as a result of an assault, is a police officer, prison officer or security officer who
is: (i) performing a function of his or her employment; (ii) assaulted on account of being such an officer or on
account of his or her performance of such a function; or (iii) performing a function of a public nature conferred
on him or her by law, or assaulted on account of his or her performance of such a function. The minimum
sentence also applies where an assault resulting in bodily harm is committed against: (i) an ambulance worker
who is performing his or her duties as such; (ii) a contract worker who is providing court security services or
custodial services; or (iii) a contract worker who is performing functions under Part IIIA of the Prisons Act
1981.
“<strong>Report</strong>ed assaults against police continue to decline” Press Release 23 June 2011. Available at:
www.mediastatements.wa.gov.au/pages/StatementDetails.aspxlistName=StatementsBarnett&StatId=4369
[Last accessed: 22 May 2013]
Sentencing Advisory Council Assaults on Emergency Service Workers (Consultation Paper No. 2, June 2012)
at 27.
Ibid at 28.
Ibid.
173