Resist Arrest Lawyer Parramatta, Sydney, Norwest & NSW - Hinder Police Defence

Charged with resist arrest or hinder police in Parramatta, Sydney, Norwest, Castle Hill, or anywhere in NSW? Resisting arrest and hindering police are offences under section 546C of the Crimes Act 1900 (NSW) carrying a maximum penalty of 12 months imprisonment and $1,100 fine. These charges commonly arise from pulling away during arrest, tensing arms during handcuffing, struggling with police in Parramatta, Castle Hill, or Norwest, running from police, or interfering with police investigations. While serious, many cases involve minor resistance and result in Section 10 no conviction for first offenders.

At Barsha Defence Lawyers, we have offices in Parramatta (5 minute walk to Parramatta Local Court) and Norwest (serving Castle Hill, Baulkham Hills, Rouse Hill, and the Hills District with FREE on-site parking). We regularly defend resist arrest and hinder police charges in Parramatta Local Court, Castle Hill Local Court, Blacktown Local Court, and across Western Sydney and NSW. Our experienced criminal defence team has successfully achieved Section 10 dismissals, not guilty verdicts, and charge withdrawals by challenging whether police were in execution of duty and whether conduct constituted resistance.

What Is Resist Arrest / Hinder Police in NSW?

Resist arrest and hinder police are found in section 546C of the Crimes Act 1900 (NSW) and section 58 (resist arrest specifically).

You are guilty if you:

• Resist a police officer, OR
• Hinder a police officer, OR
• Incite any person to assault, resist, or hinder a police officer
• While the police officer is in the execution of their duty

Common Resist Arrest / Hinder Police Scenarios in Parramatta, Sydney, Norwest & Castle Hill

Minor Resistance During Arrest:

• Pulling arms away when police try to handcuff in Parramatta, Castle Hill, Norwest
• Tensing arms, making fists during handcuffing
• Turning away from police, stepping backwards
• Refusing to put hands behind back
• Struggling slightly when being placed in police vehicle

Moderate Resistance:

• Pulling away forcefully, requiring multiple police officers
• Going limp, becoming dead weight
• Running from police in Parramatta CBD, Castle Hill streets
• Locking arms to object, refusing to be moved
• Kicking, flailing legs during arrest

Hindering Police:

• Interfering with police arresting another person
• Refusing to move during police operation
• Blocking police access to person or location
• Providing false information during investigation
• Recording police and physically obstructing their movements

Inciting Others:

• Encouraging crowd to resist police
• Yelling for others to stop police making arrest
• Inciting violence against police

What Is "Resisting" vs "Hindering"?

Resisting:

Actively opposing police actions through physical resistance. Examples: pulling away, struggling, tensing arms, running.

Hindering:

Creating obstructions or interference that make it difficult for police to perform duties. Examples: blocking access, refusing to move, interfering with arrest of another person.

Critical: For hindering, you must intend to hinder police OR be aware your actions are likely to hinder.

What Is "In Execution of Duty"?

Police are "in execution of duty" when lawfully exercising their powers. Examples:

• Making a lawful arrest
• Conducting lawful search
• Preventing breach of peace
• Investigating crime
• Executing warrant

Police are NOT "in execution of duty" when:

• Making unlawful arrest (no reasonable suspicion, wrong person, exceeded powers)
• Conducting unlawful search (no warrant, no reasonable suspicion)
• Using excessive force
• Exceeding their authority

Resist Arrest / Hinder Police Penalties NSW

Typical penalties:

• Minor resistance (pulling away, tensing): Section 10 no conviction or small fine for first offenders
• Moderate resistance (struggling, running): Fine $500-$1,100 or Community Correction Order
• Serious resistance (violence, fleeing, endangering officers): 3-12 months imprisonment possible

What Must Prosecution Prove?

For resist/hinder charges at Parramatta, Castle Hill, or Sydney courts, prosecution must prove beyond reasonable doubt:

1. You resisted, hindered, or incited others to resist/hinder
2. The person was a police officer
3. The police officer was in execution of their duty (lawfully exercising powers)

Defences to Resist Arrest / Hinder Police

1. Police Not in Execution of Duty (Most Important Defence)

Police were NOT lawfully exercising their powers. Arrest or police action was unlawful. Examples:

• Police lacked reasonable suspicion for arrest
• Search was unlawful (no warrant, no grounds)
• Police exceeded their authority
• Arrest was for non-arrestable offence
• Police used excessive force (arrest became unlawful)

If arrest was unlawful, you have complete defence to resist arrest.

2. Self-Defence from Excessive Police Force

Under section 418 Crimes Act, you can defend yourself from unlawful police violence. If police used excessive force during arrest, your resistance may be self-defence.

3. Did Not Resist or Hinder

Your conduct did not constitute resistance or hindering. Examples:

• Natural body movements, not intentional resistance
• Reflexive reactions (flinching, pulling away instinctively)
• Passive non-compliance (going limp) may not be "resisting"
• Did not obstruct or interfere with police

4. Honest and Reasonable Mistake

You genuinely believed person was not a police officer (plain clothes, no identification shown).

5. Mental Health Defence

Section 14 application for mental illness or cognitive impairment affecting capacity to understand arrest or control conduct.

6. Duress

You were forced to resist/hinder under threat from another person.

Court Process

1. Arrest and Charge: Usually arrested and charged immediately
2. Bail: Often released on bail (unless serious violence involved)
3. First Appearance: Mention at Parramatta, Castle Hill, or Sydney Local Court
4. Brief of Evidence: Police provide facts, bodyworn camera footage (critical evidence)
5. Defence Analysis: Your lawyer examines legality of arrest and police conduct
6. Negotiations: Lawyer negotiates for withdrawal if arrest unlawful or resistance minor
7. Plea: Plead guilty or plead not guilty
8. Hearing or Sentence: If not guilty, defended hearing. If guilty, sentencing

Resist/hinder matters typically finalized within 3-6 months.

Will I Go to Jail?

Imprisonment uncommon for minor resistance, but possible for serious cases.

Sentencing depends on:

• Level of resistance (passive vs violent)
• Whether police injured
• Criminal history
• Whether you have lawful excuse or provocation

Can I Get Section 10?

YES — Section 10 achievable for minor resistance, particularly:

• First offenders with no criminal history
• Minor resistance (pulling away, tensing arms)
• Police used excessive force (mitigation)
• Arrest was borderline unlawful (strong mitigation)
• Good character references from Parramatta, Norwest, Castle Hill employers
• Early guilty plea with remorse

How Your Parramatta, Sydney or Norwest Resist Arrest Lawyer Can Help

• Obtain and analyze bodyworn camera footage — this is critical evidence showing what actually occurred and whether arrest was lawful
• Challenge whether arrest was lawful (lack of reasonable suspicion, wrong person, exceeded powers)
• Challenge whether police were in execution of duty
• Run self-defence arguments if police used excessive force
• Argue conduct was reflexive/involuntary, not intentional resistance
• Negotiate with police prosecutors for withdrawal based on unlawful arrest
• Obtain character references from Parramatta, Norwest, Castle Hill employers and community
• Prepare Section 10 submissions for first offenders with minor resistance
• Run defended hearings challenging lawfulness of arrest and police conduct
• Appear in Parramatta, Castle Hill, Blacktown, Sydney Local Courts

Related Public Disorder & Assault Offences

• Assault Police Officer — more serious than resist arrest
• Offensive Language — often charged alongside resist arrest
• Public Disorder Offences — all categories
• Assault Offences
• Bail Applications
• Mental Health Applications

External Resources

• Section 546C Crimes Act - Hinder Police
• Section 58 Crimes Act - Resist Arrest
• Section 418 Crimes Act - Self-Defence
• NSW Judicial Commission