When sentencing for assault on a police officer under s 318(1)(d) of the Criminal Code (WA), the relevant maximum penalty for assessing seriousness is the maximum on indictment (10 years), not the summary jurisdiction maximum (3 years). A prior good relationship between the offender and the police officer may be treated as an aggravating factor because it means the officer would not have been expecting the assault. A sentencing magistrate is not required to name all possible alternatives to imprisonment and the reasons for rejecting them; it is sufficient to indicate in general terms that alternatives have been considered.
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