Resist or hinder police officer in the execution of duty is not considered the most serious of charges in terms of offences against a police officer.
Plead Not Guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
a) Resisted, meaning opposed by force a course of action which the police officer was undertaking; or
b) Hindered, meaning obstructed or interfered with a police officer making his duty substantially more difficult to perform.
2. A police officer in the execution of duty.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
What are the penalties for resist or hinder police officer in the execution of duty?
The offence of Resisting or Hindering police carries a maximum penalty of a fine of $1,100.00 and/or 1 year imprisonment in the Local Court should you be charged under section 346C of the Crimes Act.[jcol/]
If you are charged pursuant to section 58 of the Crimes Act, the maximum penalty is the Local Court is a fine of $5,500.00 and/or 2 years imprisonment, and the maximum penalty in the District Court is 5 years imprisonment.
Resisting or hindering police is an offence that is often dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are: