As experienced criminal practitioners, Josh McKenzie and James McLoughlin often deal in matters where people are charged and present before the Court for the offence of resisting or hindering Police. Generally, the act of resisting or hindering comes in the context of another unlawful act. A typical example would be where a person is charged with resisting or hindering Police after they are placed under arrest for another offence and whilst intoxicated.
What does it mean to resist or hinder?
In NSW, it is an offence to interfere or prevent Police from doing their job. That means that a person can be charged and put before a Court is they do something that amounts to ‘hindering’ or ‘resisting’ police whilst they are conducting their duties. It is also an offence to encourage someone else to ‘resist’, ‘hinder’ or ‘assault’ Police.
What do the Police need to prove?
To convict a person of resisting Police, the Prosecution must prove each of the elements beyond a reasonable doubt:
That a person, either:
- resisted or hindered Police, or
- encouraged someone else to resist, hinder or assault Police; and
- The person was a Police officer in the NSW Police Force, and
- The Police officer was carrying out their duties as a police officer at the time.
Are there defences available?
In respect of defending a charge of resisting or hindering Police, there are a number of ways which include:
- Denying the act that Police say constituted the offence.
- Argue that the person who you resisted was not a Police officer.
- Argue that what Police were doing was outside their duties as a Police officer.
- Argue that the Police were acting illegally, or
- Raise necessity or duress.
Why McKenzie McLoughlin?
To put it simply, Josh McKenzie and James McLoughlin are the intelligent choice for representation in the field of criminal law. Their history as former prosecutors and defence lawyers means that they know how both sides work. This is a substantial advantage when charged with a criminal matter. Josh and James know the law, the cases, and the available defences and feel strongly about their motto, “There are two side to every story, so let us tell yours.” If you are charged with an offence, call McKenzie McLoughlin to arrange for legal advice and representation.