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)  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  1 WLR 562.
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.
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:
Some of the possible defences available for those charged with Resist Arrest or hinder police can include:
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