Resist Arrest or Hinder Police
public disorder offences
The offence of Resist Arrest or Hinder Police is found in section 546C of the Crimes Act 1900 (NSW) which deems a person guilty if they resist or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty is guilty of an offence.
Charged with Resisting or Hindering Police?
Resisting or hindering a police officer in the execution of their duty is a significant offence outlined in section 546C of the Crimes Act 1900. This includes actions such as physically obstructing an officer or inciting others to do so. If you’re facing charges related to this offence, it’s essential to seek legal guidance promptly to understand your rights and potential defences.
“Resisting” entails actively opposing police actions, while “hindering” involves creating obstructions or interference that significantly complicates an officer’s duty. To be convicted of hindering, the accused must intend to impede the officer or be aware that their actions are likely to do so. Assault, within this context, encompasses a broad range of actions, including non-physical threats. Importantly, the prosecution is not obligated to demonstrate that the accused knew the individual in question was a police officer
What falls under “in the execution of duty”?
Typically, it’s straightforward to establish that a police officer was executing their duty during an alleged incident. However, there are instances where an officer’s actions might not fall within this scope.
An officer’s actions are deemed outside the execution of duty if they’re unlawful or exceed their official mandate. For instance, if an officer makes an unlawful arrest, resisting that arrest wouldn’t constitute an offence under this section.
You could be charged with Resist Arrest or Hinder Police if you:
- Refuse to peacefully comply with a police officer’s lawful arrest of yourself or another person.
- Resist a police officer lawfully applying handcuffs
- Hinder a lawful arrest of another person by a police officer.
- Encourage another person to hinder, resist or assault a police officer.
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You resisted or hindered police; or
- Encouraged someone else to resist, hinder or assault police;
- The person was a police officer; and
- The police officer was carrying out their lawful duties.
What are the maximum penalties for this offence?
The maximum penalties for Resist Arrest or Hinder Police in NSW is:
- Twelve months imprisonment and/or;
- A fine of $1,100.00.
What Defences are Available?
One common defence against charges of resisting or hindering a police officer is to argue that the officer wasn’t executing their duty, or that the accused’s actions didn’t amount to resistance or hindrance. This defence relies on the Prosecution’s obligation to prove each aspect of the charge beyond a reasonable doubt.
Additionally, a defence of “honest and reasonable mistake” can be invoked. If the accused genuinely believed, on reasonable grounds, that the individual wasn’t a police officer performing their duty and their actions were innocuous, this defence may apply.
What is Self-Defence?
Self-Defence is a complete defence at law to certain criminal charges. If proven, it will require a verdict of ‘not-guilty’.
In the context of an offence of Resist or Hinder Police, self-defence may be available if the accused successfully claims that the police officer(s) were not executing their duties or that their actions were illegal or outside the scope of their powers.
The defence is found in section 418 of the Crimes Act 1900 (NSW) which states that you are not criminally responsible for an offence if:
- You believed your conduct was necessary:
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- To defend yourself or another person, or
- To prevent the unlawful deprivation of your liberty or another person’s, or
- To protect your property from being taken, destroyed, damaged or interfered with, or
- To prevent criminal trespass to your land, or remove a person criminally trespassing, and
- Your conduct was a reasonable response in the circumstances as you perceived them.
To rely on self-defence, there must be evidence capable of supporting a reasonable inference that you acted in accordance with the section.
Once self-defence is raised, the prosecution must disprove it ‘beyond reasonable doubt’ if it is unable to do so, you are entitled to an acquittal.
Self-defence is not available where you used force that involved the reckless or intentional infliction of death only to:
- Protect property, or
- Prevent or remove a criminal trespass.
Is it possible to avoid a conviction?
Following a guilty verdict, a court may opt not to record a conviction, as is the case with any offense.
However, securing this outcome isn’t always feasible or appropriate, even for first-time offenders. Magistrates must consider several factors, including the individual’s character, prior offenses, age, health, and mental condition, as well as the gravity of the offense and any extenuating circumstances.
It’s essential to understand that this list isn’t exhaustive, and meeting these criteria doesn’t guarantee an avoidance of conviction.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Charged with resisting arrest or hindering police?
If you’re facing charges of resisting arrest or hindering police, it’s crucial to seek expert legal guidance immediately. Our experienced team specializes in defending clients against such charges and ensuring their rights are protected throughout the legal process.
At Barsha Defence Lawyers, we understand the complexities of these situations and are here to provide you with the support and representation you need. With our in-depth knowledge of criminal law and extensive courtroom experience, we’ll work tirelessly to defend your case and pursue the best possible outcome.
Don’t navigate the legal system alone – let us advocate for you. Contact us today to schedule your first free consultation and take the first step toward securing your future.