Resist or Hinder Police
Aiming to protect citizens and enforce the law, the judiciary system takes any matter against the Police very seriously. In fact, as per section 546 C of the Crimes Act 1900 (NSW) any person who resists or hinders, or incites any person to assault, resist or hinder a Police officer while in the execution of their duty has committed a criminal offence and therefore should be liable to punishment by the Court. The maximum penalty for such an offence is 12 years imprisonment, an $1,100 fine, or both.
There are many actions which may result in such a charge, including running from Police during an attempted arrest, lying to law enforcement, telling other people to run away from the Police during an attempted arrest, blocking Police access during searches, struggling with Police during an arrest or encouraging individuals to throw items at Police. If you are found guilty of participating in any of these activities or any other activities which may be established as an assault, resistance or hindrance against police, you will be liable to penalties imposed by the Court.
Individuals who are found guilty of hindering Police may find themselves liable to imprisonment of up to 12 months, a fine of $1,100, or both. However, there are many other penalties that a Court may impose, which also could be more favourable for the individual involved. While the most serious penalty is imprisonment, other penalties that the Court may find appropriate include home detention, an intensive correction order (ICO), suspended sentence, community service or good behaviour bonds or a fine.
Depending on personal circumstances, criminal history and the nature surrounding the event, some individuals may even have their matter dealt with by the means of a section 10 dismissal. This means that the Court does not record a criminal record, and penalties are avoided altogether. The Court may, however, impose various conditions on an individual and if these conditions are breached, the privilege may be revoked. For the best chance of receiving a section 10 dismissal, it is advised to seek legal representation from our experienced criminal defence lawyers at Benjamin Leonardo – The Defenders.
If you choose to agree and plead guilty to hinder or resist Police charges made against you, and the prosecution team is able to prove that you did commit the offence as set out in section 546 C of the Crimes Act 1900 (NSW) it is likely that you will face the penalties listed above.
Although this is likely, pleading guilty is often rewarded by the Courts as it exemplifies remorse and regret for your actions. As a result, the Court will reserve the maximum penalty for repeat offenders or serious situations, while individuals who plead guilty may have reduced sentences or even be dealt with by a section 10 dismissal. To be awarded a section 10 dismissal, the Court will consider past criminal history and personal circumstances to determine if it’s appropriate to do so. Alternatively, if the Court believes some sort of punishment needs to be enforced, an individual may be awarded less severe punishments such as community service orders or fines which do not have a significant impact on the individual’s ability to work or participate in their daily activities.
At Benjamin Leonardo – The Defenders, we are some of the best criminal lawyers in Sydney, winning multiple awards and cases in Courts around Australia.
If you or someone you know is facing charges of hindering Police, please do not hesitate to schedule a consultation with our expert criminal defence lawyers to effectively assess your case and accurately advise you on the penalties that may be imposed.
Alternatively, if you are facing the charge of hindering Police, you have the option to plead not guilty. In this instance, the prosecution will need to prove beyond a reasonable doubt that you are guilty of the allegations made against you as set out by section 546 C of the Crimes Act 1900. If the prosecution can successfully prove this beyond a reasonable doubt, it is likely you will have one of the above penalties imposed on you.
However, as an award-winning criminal law firm and a 90% success rate, we are some of Sydney’s best criminal defence lawyers. In fact, recently our team represented 4 co-accused who were facing resist arrest charges, amongst other relative offences, in which they all left without a criminal conviction. If we represent your case, our Sydney based criminal defence lawyers may be able to achieve more favourable outcomes if we are successfully able to negate the claims based on the below defences.
At Benjamin Leonardo – The Defenders, we are Sydney based criminal defence lawyers with years of experience in assisting clients with various criminal charges. Some of the criminal defences that may be used to dismiss the allegations of hindering Police include:
Self-Defence: Comprises of situations in which actions were taken to defend confrontations and potential harm by an unjust aggressor. Self-defence occurs in circumstances in which the accused aims to protect property, themselves or another person from harm by the aggressor.
Duress: Involves the use of harmful threats that depict death or grievous bodily harm which may coerce the accused to partake in illegal activities that they would not have if the threats had not been made.
Hindering Police is generally classified as a summary offence and therefore will be heard at a Local Court. While we are a Parramatta and Sydney based criminal law firm, Benjamin Leonardo – The Defenders have a wealth of experience in defending criminal cases all over NSW. Therefore, we are able to effectively represent our clients regardless of the location. For a full list of Local Courts and to find the closest to you, click here.