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Threatening Injury to Prevent Arrest

Threatening injury to prevent arrest is a very serious offence that may carry very severe consequences.

This charge is generally laid in situations where tempers are getting very frayed and a person is being arrested. A person then starts shouting out threats with intent to prevent or hinder the lawful apprehension or detention of themselves or of any other person. It can also be a charge to prevent or hinder a member of the police force from investigating in a lawful manner any act which reasonably calls for investigation by a member of the police force.

As with most offences, the main defences are factual disputes about what actually happened.
It may also be an unlawful arrest and therefore is not an offence under the section for this charge.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 30 of the Crimes Act 1958.

 

Further information on Threatening Injury to Prevent Arrest

Possible Defences

In a case of Threatening Injury to Prevent Arrest, the following defences may be applicable to the charge:

  • Claim of Right
  • Mental Impairment
  • Honest and Reasonable Mistake of Belief
  • Impossibility
  • Lack of Intent
  • Intoxication
  • Factual and Identification Dispute

Penalties

What penalties can be imposed for a charge of Threatening Injury to Prevent Arrest?

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Threatening Injury to Prevent Arrest?

The legislation for this offence can be found on section 30 of Crimes Act 1958.

Case Studies

We currently have no available case studies for the charge of Threatening Injury to Prevent Arrest.

Media Articles

We currently have no available media articles related to the charge of Threatening Injury to Prevent Arrest.

Further Info

 

Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Threatening Injury to Prevent Arrest, Bill Doogue.