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Threatening injury to prevent arrest

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Assaults / Violence Offences - VIC
The Law - Threatening injury to prevent arrest

What the Law states - 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).

Maximum Penalty in Victoria



5 years' imprisonment

What the Prosecution must prove - Threatening injury to prevent arrest - Vic


(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 - 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.

Which court will hear the charge of Threatening injury to prevent arrest



County Court.
Appeal Threatening injury to prevent arrest Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne