Resist Arrest
It is an offence to resist arrest or hinder a police officer in the execution of duty. This offence is dealt with in the Local Court only and carries a maximum penalty of 1 years imprisonment.
“Resisting” means to forcefully oppose police action. “Hindering” means to cause an obstruction or interference that makes the officer’s duty substantially more difficult to perform.
The Prosecution does not have to prove that the accused person knew that the person concerned was a police officer.
One way to defend such an allegation is to argue that the police officer was not acting in the execution of their duty. The defence of “honest and reasonable mistake” is also available. That is the situation where the accused person honestly believed, on reasonable grounds, that the person concerned was not a police officer acting in the execution of his or her duty and that his or her actions were reasonable.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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