Hindering or Resisting Police

THINGS YOU NEED TO KNOW:

1. Hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty is a summary offence under Section 60(1AA) of the Crimes Act 1900 (NSW).
2. The maximum penalty available to the Court for the offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty is 12 months imprisonment and/or a fine of $2200.
3. Hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty matters are heard and finalised in the Local Court.

The criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty is a serious offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF HINDERING OR RESISTING POLICE?

Section 60(1AA) of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to hinder or resist, or incite another person to hinder or resist, a police officer in the execution of the officer’s duty.

WHAT IS THE DEFINITION OF HINDER?

To best understand the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty, it is important to know what in fact is meant by the terms hinder and resist.

The case of Donnelly v Jackman [1970] 1 WLR 562 defines hindering as an interference or obstruction that makes it more difficult for a police officer to perform his or her duty. It is not necessary for there to exist physical contact for the hindering to have occurred. Hindering is known to frequently occur when a third party seeks to prevent the arrest by Police of another party.

WHAT IS THE DEFINITION OF RESIST?

Resist is defined in the case of R v Galvin (No 2) [1961] VR 740 as the use of force to oppose some course of action which the person resisted is attempting to pursue. R v Appelby (1940) 28 Cr App R 1 affirms the requirement of something more than mere obstruction being necessary for resist to have occurred. Physical resistance is therefore required for the resist to have occurred during a lawful arrest.

THE EXECUTION OF THE OFFICER’S DUTY

For the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty to have occurred pursuant to Section 60(1AA) of the Crimes Act 1900 (NSW), the act must have occurred during the execution of the officer’s duty.

In the case of R v K [1993] FCA 830 the Court determined that there must be a beginning and an end to an officer’s duty and that Police are not acting in the execution of their duty if the task had already been completed when the alleged hindering or resisting occurred.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF HINDERING OR RESISTING POLICE?

The maximum penalty available to a court for the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty is 12 months imprisonment and/or a fine of $2200.

Other penalties that the court may impose for the offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty include a Community Corrections Order (CCO), Intensive Corrections Order (ICO), Good Behaviour Bond and a Non-Conviction Good Behaviour Bond.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF HINDERING OR RESISTING POLICE?

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not hinder or resist, or incite another person to hinder or resist a police officer in the execution of the officer’s duty.

Police acting illegally or outside their duty: That your actions of hindering or resisting, or inciting of another person to hinder or resist occurred against police acting illegally or outside their duty.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF HINDERING OR RESISTING POLICE?

Examples of actions that may constitute the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty include, but are not limited to:

• Physically resisting against Police who are trying to lawfully arrest you.
• Blocking access to a doorway to prevent Police lawful entry to search a room.
• Using furniture to block Police from lawfully arresting another person.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF HINDERING OR RESISTING POLICE OFFENCES?

If you are convicted of the criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE HINDERING OR RESISTING POLICE OFFENCES HEARD IN?

The criminal offence of hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty is finalised in the Local Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty offences in the Local Court.

WHAT ARE YOUR OPTIONS?

When facing a hindering or resisting, or inciting another person to hinder or resist a police officer in the execution of the officer’s duty charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

s14 APPLICATION: There will not be a finding of guilty should a s14 order be made. You will be diverted under the Mental Health Act 2007 (NSW) for a period of 12 months. You will avoid a criminal conviction with this option.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.