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

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

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

  • Prison: 65%
  • Community Correction Order: 17%
  • Intensive Correction Order: 15%
  • Conditional Release Order with Conviction: 0.52%
  • Section 10A: 0.52%

The average prison sentence for the offence is 1 year imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8 months in prison.

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