Published November 2025
Assault police officer charge reduced to common assault
Perrella Legal represented a woman charged with assaulting a police officer following an incident at an IGA supermarket. The off-duty officer had detained our client after an allegation of stealing groceries, and the prosecution alleged that she spat at him.
After reviewing the available CCTV footage, we identified grounds to challenge the charge. On the morning of trial, we negotiated its replacement with a common assault charge based on amended facts that removed the allegation of spitting. Our client ultimately received a suspended fine.
Defending an assault police officer charge
Our client was charged with stealing a bag of groceries and assaulting a police officer by spitting at him as he and an IGA staffer prevented her from leaving the scene, waiting for back up to arrive. The police officer was not on duty but was in his Aussie uniform which included a singlet, shorts and thongs. The police officer momentarily pulled out his police badge, but did not place her under arrest. Our client did not believe he was a police officer. As the groceries had been retrieved before she left the store, our client just wanted to get out of there and was growing frustrated by her continuing detention.
We reviewed all the footage available from the incident and were of the view that we could successfully defend the allegation of assaulting a police officer. On the morning of the trial, the prosecution was motivated to engage in negotiations. We were able to have the charge substituted to an offence of common assault, and to massage the facts to remove reference to spitting, instead, acknowledging that there had been a bit of pushing and shoving of the IGA staffer as our client attempted to leave the scene. The matter then proceeded to a sentencing, in which we persuaded the Magistrate to impose a [suspended] fine, payment of which would only be triggered if our client were to be commit an of an offence in the next 6 months.