Law Information - Assaults / Violence Offences - TAS

Resisting public officers: Resisting lawful apprehension

Date: 09/01/2009

The Law -

>Criminal Code Act 1924  SECT 114

114. Resisting public officers: Resisting lawful apprehension

(1) Any person who assaults, resists, or wilfully obstructs any police officer in the execution of his duty, or any other person lawfully assisting him therein, is guilty of a crime.

Charge:Assaulting [or obstructing] a police officer.

(2) Any person who assaults, resists, or wilfully obstructs any person lawfully arresting or about to arrest any person is guilty of a crime.

Charge:Resisting lawful apprehension.

What the prosecution must prove - Resisting public officers: Resisting lawful apprehension

(a) The accused assaulted, resisted or obstructed the police officer or any other person lawfully assisting him/her.

(b) The person assaulted etc was a member of the police force in the execution of his or her duty, or a person lawfully assisting the police member in the execution of his/her duty, or any person lawfully arresting or about to arrest any person

The Maximum Penalty for Resisting public officers: Resisting lawful apprehension is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Resisting public officers: Resisting lawful apprehension

(a) Duress

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) Mental impairment

(f) Necessity

(g) Self-defence

(h) The officer was not acting in the execution of his/her duty

The Court process - Resisting public officers: Resisting lawful apprehension

Supreme Court