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:
- 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
- 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:
- A dangerous weapon, or
- 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:
- A firearm or imitation firearm
- A prohibited weapon, or
- 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:
- Self defence
- Duress, and
- Necessity
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