A 25 year old woman was caught speeding at 120km/h through Sydney’s South West. When Police eventually caught up to her she allegedly spat in the police officer’s face and told him that she was on her way to get tested for Coronavirus. The video also shows the police officer yelling “do not spit on me” before he puts her to the ground. It was also alleged that she coughed on the police officer while he was attempting to put her in the back of the police van. To view the full video click here
Being arrested can be a very distressing experience, one that can’t be forgotten. It has been recognised that Police can be very harsh which results in the arrestee being less submissive/accommodating and can lead to resisting the arrest. The maximum penalty for resisting arrest is 12 months in prison and/or a $1,100 fine.
The Law on Resisting Arrest
Section 546C of the Crimes Act 1900 states Any person who resists or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of 10 penalty units, or both.
For you to be convicted of resisting an offence, the prosecution must prove, beyond reasonable doubt, that you either resisted the police or encouraged someone else to resist police.
There are only a few possible defences for the charges of resisting arrest. A good defence lawyer will be able to explain the process and provide you with the best options set out for you.
Penalties
Under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act, if the offender pleads guilty to the charges, the court can dismiss the charge and the offender will receive no penalties and no conviction will be recorded.
A Conditional Release Order (CRO) is an order that involves the standard conditions that the offender must not commit and must appear before the court if called to do so during the term of the CRO.
A Community Corrections Order (CCO) this is where the court can impose a CCO instead of a sentence of imprisonment. A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court during the term of the CCO.
An Intensive Correction Order (ICO) applies when the court has considered all non-custodial alternatives. Following this, the Court then imposes a custodial sentence for a total sentence of no more than 2 years. This sentenced is to be served by way of an ICO within the community. The standard conditions of an ICO is that the offender must not commit any offences, and must submit to supervision by a community corrections officer. In addition to the standard conditions, the court must include additional conditions. A court cannot impose an ICO on an offender who is under the age of 18 years.
A court can impose a fine to the offender. It is important to understand that that the term ‘penalty unit’ is currently defined as being $110. When the court imposes a fine it is obliged to take into consideration the means of the offender. The court has to exercise discretion to fix the amount of any fine.
Imprisonment is the most serious penalty. The court will determine a full time custodial sentence in a correctional facility.
Have You Been Charged With Resisting Arrest?
National Criminal Lawyers® specialise in all criminal defence matters. We will prepare your case and negotiate with police to have the charge(s) dropped or proceed to a defendant hearing. Our specialised criminal lawyers will provide you with excellent results. With over a 94% no conviction record our services will provide you with an ease of mind. Contact our office if you or know someone who has been charged with resisting arrest or with any other charge for that matter and be assured that you are in good hands.