Other Criminal Offences – VIC

Welcome to the VIC Resisting arrest article page. Everything you need to know about Resisting arrest according to VIC law.

What the Law States according to VIC Law for Resisting arrest

According to VIC Law for the charge of Resisting arrest,

Summary Offences Act 1966 – SECT 52
Assaulting or resisting constables etc.

52. Assaulting or resisting constables etc.

(1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

(2) In addition to imposing a penalty the court may order and award a sum sufficient to cover any damage which any such member of the police force person or member of staff has sustained by such assault resistance obstruction hindrance or delay, such sum to be recoverable in the same manner as the penalty.

The Maximum Penalty – Resisting arrest

According to VIC Law for the charge of Resisting arrest, 25 penalty units or imprisonment for six months.

What the Police must prove according to VIC Law for Resisting arrest

The prosecution must establish beyond reasonable doubt that:

(i) The accused:

(a) assaulted, resisted, obstructed, hindered or delayed a defined person; or

(b) incited or encouraged another person to assault, resist, obstruct, hinder or delay a defined person;

(ii) the person obstructed etc was:

(a) a member of the police force in the execution of his/her duty;

(b) a person lawfully assisting the police member in the execution of his/her duty under the Summary

(c) or any member of staff of the local authority in the execution of his/her duty under the Summary Offences Act

Possible Defences under VIC Law – Resisting arrest

(1) Factual dispute
(2) Lack of intent

In VIC which court will hear the matter – Resisting arrest

Magistrates’ Court

 

Date: 09/01/2009