At Chidiac & Associates, we provide experienced criminal defence representation to clients facing resist or hinder police and arrest charges throughout Sydney and New South Wales. We carefully examine the circumstances of the interaction, the lawfulness of the police conduct and the evidence relied upon by the Prosecution.

What is Resist or Hinder Police?

The principal offence is contained in section 546C of the Crimes Act 1900 (NSW).

A person commits an offence if they:

• resist an officer in the execution of their duty;
• wilfully hinder an officer in the execution of their duty; or
• incite another person to resist or hinder an officer.

The offence can arise in circumstances including:

• physically resisting an arrest;
• pulling away from an officer;
• preventing police from handcuffing a person;
• obstructing an officer during the execution of their duties;
• interfering with a lawful police operation; or
• encouraging another person to resist police.

Importantly, the Prosecution must establish that the police officer was acting in the execution of their duty.

Elements of Resist or Hinder Police

To establish an offence under section 546C, the Prosecution must prove the relevant elements beyond reasonable doubt.

1. The Accused Resisted, Hindered or Incited

The Prosecution must establish that the accused either:

• resisted the officer;
• wilfully hindered the officer; or
• incited another person to resist or hinder the officer.

The conduct alleged must be sufficiently connected to the officer's performance of their duties.

2. The Officer Was Acting in the Execution of Their Duty

The Prosecution must establish that the police officer was acting lawfully in the execution of their duty at the relevant time.

This can make the circumstances surrounding an arrest or police interaction particularly important.

3. The Conduct Was Wilful Where Required

For a charge alleging that a person wilfully hindered police, the Prosecution must establish the required intention.

Accidental or entirely involuntary conduct will not necessarily constitute an offence.

What Are the Penalties?

12 months' imprisonment

or

10 penalty units

or both.

These are the maximum penalties. A conviction does not automatically result in imprisonment.

The appropriate sentence depends upon the circumstances of the offending and the offender.

Resist or Hinder Police Penalties at a Glance

Resisting Arrest

Resisting an arrest can constitute an offence under section 546C where the Prosecution establishes that the accused resisted an officer acting in the execution of their duty.

The circumstances of the arrest are therefore important.

Issues may include:

• whether police had lawful grounds to arrest;
• whether the officer was acting within their powers;
• what the accused actually did;
• whether the conduct was deliberate;
• whether force was used;
• whether the accused understood what was occurring; and
• whether the Prosecution evidence accurately reflects the interaction.

A person does not lose all legal rights simply because police are attempting to arrest them.

Can I Defend a Resist or Hinder Police Charge?

Being charged does not mean that you are guilty. The Prosecution bears the burden of proving the offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• police were not acting in the execution of their duty;
• the accused did not resist or hinder police;
• the alleged conduct was accidental or involuntary;
• the accused did not act wilfully;
• mistaken identity;
• the police account is inconsistent with CCTV or body-worn camera footage;
• witnesses are unreliable or inconsistent; or
• the Prosecution cannot establish the required elements.

Where the charge arises from an arrest, the lawfulness and circumstances of the arrest should be carefully examined.

Evidence in Resist or Hinder Police Cases

These matters frequently involve evidence such as:

• police body-worn camera footage;
• CCTV;
• police statements;
• statements from independent witnesses;
• mobile phone recordings;
• photographs; and
• police radio or incident records.

Body-worn camera footage can be particularly important where the Prosecution and accused provide different accounts of what occurred.

At Chidiac & Associates, we carefully examine the available evidence to identify inconsistencies and weaknesses in the Prosecution case.

Sentencing for Resist or Hinder Police

Where a person is convicted, the court may consider:

• the nature and duration of the resistance or hindrance;
• whether physical force was used;
• whether anyone was injured;
• the circumstances of the police interaction;
• the offender's criminal history;
• personal circumstances;
• remorse;
• prospects of rehabilitation; and
• whether an early guilty plea was entered.

The court will consider both the seriousness of the offending and the individual circumstances of the offender.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your charge;
• assessment of the circumstances of the arrest or police interaction;
• analysis of body-worn camera and CCTV footage;
• examination of police statements and other evidence;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.