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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:
‘Offensive weapon or instrument’ means:
A ‘dangerous weapon’ is:
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:
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