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Using a Weapon to Resist Arrest or Hinder Investigation

Using a Weapon to Resist Arrest or Hinder Investigation is an offence under Section 33B of the Crimes Act 1900 which carries a maximum penalty of 12 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed, used, threatened to use, or attempted to use an offensive weapon or instrument, or you threatened to injure a person or damage property, and
  2. You intended by doing so to prevent or hinder a lawful arrest, or to hinder a police officer from investigating a suspected unlawful act

‘Offensive weapon or instrument’ means:

  1. A dangerous weapon, or
  2. Anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm

A ‘dangerous weapon’ is:

  1. A firearm or imitation firearm
  2. A prohibited weapon, or
  3. A spear gun

An ‘indictable offence’ is one capable of being referred to a higher court such as the District or Supreme Court.

These are usually offences with a maximum penalty of over 2 years in prison.

Defences to the charge include:

  1. Self defence
  2. Duress, and
  3. Necessity

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