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Resist Arrest


criminal barrister, criminal solicitor, criminal lawyer, resist arrest, arrest

Published by Geoff Harrison | 2 March 2024


The offence of resisting or hindering a police officer in the execution of duty is covered under section 60 of the Crimes Act 1900. The maximum penalty is 12 months imprisonment.


Other Sources:


Cases:


Extracted Legislation:


CRIMES ACT 1900 - SECT 60

Assault and other actions against police officers


(1AA) A person who hinders or resists, or incites another person to hinder or resist, a police officer in the execution of the officer's duty commits an offence.

Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units or both.


(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.


(1A) A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.


(2) A person who assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.


(2A) A person who, during a public disorder, assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.


(3) A person who by any means--

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 12 years.


(3A) A person who by any means during a public disorder--

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 14 years.


(4) For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer's duty, even though the police officer is not on duty at the time, if it is carried out--

(a) as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer's duty, or

(b) because the officer is a police officer.


CRIMES ACT 1900 - SECT 58

Assault with intent to commit a serious indictable offence


Whosoever--

assaults any person with intent to commit a serious indictable offence, or

assaults any person, with intent to resist or prevent the lawful apprehension or detainer of any person for any offence,

shall be liable to imprisonment for 5 years.



Streat v Bauer; Streat v Blanco(1)
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