Resist Arrest or Hinder Police

THE LAW

The offence of is contained in section 546C of the Crimes Act 1900 (NSW) and states:

‘Any person who resists or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of penalty units, or both’.

Resisting arrest – is to struggle against or to try to escape from police when they have made it clear that you are under arrest.

Hindering police – means the police allege that you did something that stopped a police officer from doing their duty. For instance, if you tried to get in the way of a police officer arresting someone else, or if you stopped a police officer going onto public land or warned someone else that the police were coming.  

The nature and elements of the resist offence of  were considered in R v Galvin (No 2) [1961] VR 740 wherein it was held for a person’s actions to constitute “resist” there must be an opposing by force of a course of action which the person resisted was attempting to pursue: To ‘Hinder’ a police officer –has been held to be conduct that renders an action of the police officer more difficult: Donnelly v Jackman [1970] 1 WLR 562.

 

Maximum/Possible Penalties

Resist Arrest or hinder police can be punished with a prison sentence of up to 1 year and/or a fine of $1110.

Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.

In NSW, a court can impose any of the following penalties for a Resist Arrest or hinder police charge.

  • Full time Imprisonment
  • Intensive Corrections Order (ICO)
  • Community Correction Order (CCO)
  • Conditional release Order (CRO) (ie: bond); and/or
  • Fine

 

THE FACTS THAT MUST BE PROVEN

Since Resist Arrest or Hinder Police is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove guilt beyond reasonable doubt that you either:

  • Resisted or hindered police; or
  • Encouraged someone else to resist, hinder or assault police; and
  • The person was a police officer in the NSW Police Force; and
  • The police officer was carrying out their duties as a police officer at that time.

 

Defences

Some of the possible defences available for those charged with Resist Arrest or hinder police can include:

  • To deny that you did the act of resisting or hindering;
  • To argue that the person was not a police officer in the NSW Police Force; or  to argue that they were not working at the time, or that what they did was outside their duties as a police officer;
  • To argue that police were acting illegally; or
  • Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”
  • Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

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