Law on Wounding or Causing Grievous Bodily Harm with Intent to Resist Arrest: Man in Stolen Maserati Charged after Stabbing Senior Constable with Screwdriver

Sahar Adatia and Jimmy Singh.

A passenger who was travelling in a stolen Maserati that caused a police pursuit through Macquarie Fields in Sydney’s south-west has been arrested after he allegedly stabbed a police officer with a screwdriver.

NSW Police allege the incident took place around 10am on Thursday 22 October 2020 when police officers from the Campbelltown City Police Area Command noticed the luxury car, which had been reported stolen from West Pennant Hills the previous day, driving in the locality.

Travelling along Evelyn Street in Macquarie Fields, officers began to follow the vehicle before signalling the car to pull over on Oakley Road in Long Point.

However, the driver of the stolen vehicle failed to stop, leading to a pursuit to ensue.

The pursuit came to an abrupt end due to safety concerns before the Maserati drove down a dead end on Wedderburn Road.

When it reached the dead end, it allegedly rammed into the back of a marked police car, before the three occupants jumped out of the vehicle and bolted away on foot.

It was at this point that one of the passengers absconded into bushland nearby realising he was being chased by an officer.

When the officer caught up to the man, it is alleged he stabbed the senior constable in the hand using a screwdriver.

The 25-year-old was only able to make it as far as O’Hares Road, Wedderburn, where he was arrested.

He was taken to Campbelltown Police Station where he was charged with wound person with intent to resist/prevent arrest and be carried in conveyance taken without consent of owner.

Police Appealing for Assistance from Public as Two Occupants of Stolen Maserati Remain on Run

The two remaining occupants of the stolen luxury vehicle, including the driver, remain on the run from police.

Despite attempts by Dog Squads and PolAir to locate them throughout the day of the incident, the pair has still not been found.

Now, police are urging members of the public with any information surrounding the case to come forward as the hunt continues.

NSW Police Assaults Cost Taxpayer $36 Million in Workers’ Compensation Claims in Last Five Years

Due to the unpredictable and physical nature of law enforcement, police officers tend to be at a high risk of work-associated physical injury.

These injuries usually result from restraining non-compliant offenders, having to run various distances with and without loads, carrying unconscious or injured people and self-defence manoeuvres.

A higher risk of injury to law enforcement officers tends to be associated with the sudden external forces when controlling a suspect or offender who is resisting arrest – which generally occurs from trips and falls, along with strains and sprains to the body.

In fact, so physically demanding are the duties of law enforcement that in the last five years, assaults on NSW Police officers have resulted in $36 million worth of workers’ compensation claims being paid out to officers on the frontline.

Beyond this, officers are also likely to suffer psychological wounds that can last a lifetime, including trauma.

Meanwhile, according to the National Police Memorial Honour Roll, which commemorates Australian police officers who have died or been killed while on duty in recognition of their unique contribution to the community, between 2000 and 2019, there were 51 officer fatalities in Australia.

This averages to two to three deaths a year.

An examination of the fatalities from the last two decades reveals that officer fatalities have three main causes: accidents, assaults and health-related incidents.

Law on Wounding or Grievous Bodily Harm With Intent to Resist Arrest

In NSW, it is an offence to wound or cause grievous bodily harm with intent to resist a lawful arrest.

Section 33(2) of the Crimes Act 1900 (NSW) prescribes up to 25-years imprisonment to anyone who wounds or caused grievous bodily harm (GBH) to a person, with the intention to resist or prevent his/her lawful arrest or detention. This applies to resisting or preventing the lawful arrest of another person too.

To prove this offence, police must prove, that the accused person wounded or caused GBH to a person, and did so with the purpose or intention of either resisting or preventing the lawful detention or arrest of himself or another person.

This crime also carries a 7-years standard non-parole period if the offence fits within the mid-range of objective seriousness for such offences.

Click here for an outline on the law on resisting police in NSW.

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