The range of sentences for deliberate assault on a police officer in the execution of duty involving punching, kicking or biting but not resulting in particularly serious injury was 12 months to 2 years' imprisonment prior to 31 August 2003 (equivalent to 8 to 16 months under the Sentencing Legislation Amendment and Repeal Act 2003). Cooperation with police, even if limited, is a mitigating factor that should reduce the otherwise appropriate sentence, and the Court of Appeal may have regard to evidence of cooperation not placed before the sentencing judge where this results from counsel's oversight.
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