Resist or Hinder Police Officer Offence
What is Resisting Police Officer?
Resisting a police officer involves using force to oppose the actions of a police officer
What is Hindering Police Officer?
Hindering a police officer involves the interference with the actions of police officer for the purposes of making their job significantly more difficult to undertake
Resist or Hinder Police Officer & The Law
Under Section 546C of the Crimes Act 1900 (NSW) it is an offence to resist or hinder or incite any person to assault, resist or hinder a police officer in the execution of their duty.
Under Section 58 of the Crimes Act 1900 (NSW) it is an offence to assault, resist or wilfully obstruct any officer while in the execution of their duty, such officer being a constable, or other peace officer, prison officer, or custom-house officer.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The police officer was in the process of executing their duty
The accused resisted the course of action that a police officer was undertaking; or
The accused hindered the course of action that a police officer was performing; and
Going to Court – “What am I looking at?”
If you have been charged under Section 546C of the Crimes Act 1900 (NSW), the maximum penalty for Resist or Hinder a Police Officer is a fine of up to $1,100 and/or 12 months imprisonment.
If you have been charged under Section 58 of the Crimes Act 1900 (NSW), this is a much more serious offence as it involves a physical assault preventing an officer from carrying out their duties. If the matter remains in the Local Court, the maximum penalty under this Section is a fine of up to $5,500 and/or 2 years imprisonment.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to 5 years imprisonment.
Lawyer Call – here to help..
Contact our experienced team of defence solicitors to obtain appropriate and honest legal advice regarding the prospects of defending this charge and fighting this in Court at a Defended Hearing in the Local court.
Alternatively, if a plea of guilty is more appropriate in the circumstances, our solicitors have in-depth preparation in gathering and analysing specific medical and supporting documentation to assist the case and present the best possible submissions before a Magistrate or a Judge for a more lenient sentence.