Penalty for Use Weapon to Resist Arrest | Section 33B Crimes Act NSW

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The maximum penalty for the offence of use weapon to resist arrest is 12 years in prison.

However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.

These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

In the Local Court

Use, etc offensive weapon with intent to hinder investigation – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 4 19%
Intensive Correction Order 4  19%
Imprisonment 13 61.9%

The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 9 months.

Use, etc offensive weapon with intent to prevent lawful apprehension/detention – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 1 0.4%
Section 10A Conviction with No Other Penalty 3 1.1%
Fine Only 1 0.4%
Conditional Release Order with Conviction 2 0.7%
Community Correction Order 46 16.3%
Intensive Correction Order 43 15.2%
Imprisonment 186 66%

The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 9 months.

Use, etc offensive weapon with intent to commit indictable offence – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 16 2.8%
Section 10A Conviction with No Other Penalty 2 0.4%
Fine Only 15 2.7%
Conditional Release Order with Conviction 14 2.5%
Community Correction Order 212 37.7%
Intensive Correction Order 101 17.9%
Imprisonment 203 36.1%

The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 9 months.

Threaten injury with intent to hinder investigation – section 33B(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 12 months.

Threaten injury with intent to prevent lawful apprehension/detention – section 33B(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 4 26.7%
Intensive Correction Order 1 6.7%
Imprisonment 10 66.7%

The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 10 months.

Threaten injury with intent to commit indictable offence – section 33B(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 1 3.1%
Section 10A Conviction with No Other Penalty 1 3.1%
Fine Only 4 12.5%
Conditional Release Order with Conviction 3 9.4%
Community Correction Order 9 28.1%
Intensive Correction Order 6 18.8%
Imprisonment 8 25%

The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 5 months.

In the Higher Courts

Use, etc offensive weapon with intent to hinder investigation – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 0  0%
Intensive Correction Order 0  0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Use, etc offensive weapon with intent to prevent lawful apprehension/detention – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 1  2.7%
Intensive Correction Order 1  2.7%
Imprisonment 35 94.6%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Use, etc offensive weapon with intent to commit indictable offence – section 33B(1)(a)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 3  4%
Intensive Correction Order 14 18.7%
Imprisonment 58  77.3%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Threaten injury with intent to prevent lawful apprehension/detention – section 33B(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 0  0%
Intensive Correction Order 0  0%
Imprisonment 5  100%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.

Threaten injury with intent to commit indictable offence – section 33B(1)(b)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 0  0%
Intensive Correction Order 0  0%
Imprisonment 2 100%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 21 months.

Use, etc offensive weapon with intent to resist arrest, etc – in company – section 33B(2)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 1 2.3%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 1 2.3%
Community Correction Order 4 9.3%
Intensive Correction Order 8 18.6%
Imprisonment 29 67.4%

The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 18 months.

Threaten injury with intent to resist arrest, etc – in company – section 33B(2)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0  0%
Section 10(1)(a) Dismissal 0  0%
Conditional Release Order Without Conviction 0  0%
Section 10A Conviction with No Other Penalty 0  0%
Fine Only 0  0%
Conditional Release Order with Conviction 0  0%
Community Correction Order 0  0%
Intensive Correction Order 1  100%
Imprisonment 0  0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.

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