Using or possessing an offensive weapon to resist arrest is an offence under section 33B of the Crimes Act 1900 (NSW). The maximum penalty is 12 years imprisonment, which increases to 15 years if the offence is committed in the company of another person.

To secure a conviction, the prosecution must establish that the person intended to obstruct a police officer in the lawful arrest, detention, or investigation of themselves or someone else.

Elements

Conduct captured by the offence includes:

• Using, attempting to use, threatening to use, or possessing an offensive weapon or instrument
• Making threats to injure a person or damage property

The following intentions are also considered:

• Preventing or hindering the lawful arrest or detention of yourself or another person
• Hindering a police officer from investigating any act or circumstance which reasonably calls for investigation
• Committing an indictable offence

Penalties

• Maximum of 12 years imprisonment
• Maximum of 15 years imprisonment if the offence is carried out in the company of another person

The sentence imposed will depend on the circumstances, including the person’s criminal record or the level of harm or risk involved.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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