Assaults / Violence Offences – VIC

Welcome to the VIC Threatening injury to prevent arrest article page. Everything you need to know about Threatening injury to prevent arrest according to VIC law.

What the Law States according to VIC Law for Threatening injury to prevent arrest

According to VIC Law for the charge of Threatening injury to prevent arrest,

Crimes Act 1958 – SECT 30
Threatening injury to prevent arrest

30. Threatening injury to prevent arrest

A person who threatens injury to any other person or to any property with intent-

(a) to prevent or hinder the lawful apprehension or detention of himself or herself or any other person; or

(b) to prevent or hinder a member of the police force from investigating in a lawful manner any act or circumstance which reasonably calls for investigation by a member of the police force-

is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).

The Maximum Penalty – Threatening injury to prevent arrest

According to VIC Law for the charge of Threatening injury to prevent arrest, 5 years imprisonment

What the Police must prove according to VIC Law for Threatening injury to prevent arrest

(a) The accused threatened injury.
(b) The accused did so with intent to resist or prevent the lawful apprehension or detention of the accused or of some other person.
(c) The arrest was lawful.
(d) The accused knew it to be lawful.

Possible Defences under VIC Law – Threatening injury to prevent arrest

(a) Consent
(b) Duress
(c) Factual dispute
(d) Honest and reasonable mistake of belief
(e) Lack of intent
(f) Mental impairment
(g) Unlawful arrest

In VIC which court will hear the matter – Threatening injury to prevent arrest

County Court

 

Date: 09/01/2009