Penalty for Threatening Injury to Prevent Arrest in Melbourne – How Serious is This Charge
A person convicted of Threatening Injury to Prevent Arrest may face a maximum penalty of 5 years imprisonment. However, this is the worst penalty for this offence and is usually given by the Court only for the worst examples of Threatening Injury to Prevent Arrest. This is a serious offence that may result in a prison term if guilt is established in Court. It is an indictable offence heard before a Judge in the County Court
The legislation on Threatening Injury to Prevent Arrest
Section 30 of the Crimes Act 1958 is the relevant legislative provision for Threatening Injury to Prevent Arrest and is as follows:
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 or a protective services officer from investigating in a lawful manner any act or circumstance which reasonably calls for investigation by a member of the police force or a protective services officer-
is guilty of an indictable offence. Penalty: Level 6 imprisonment (5 years maximum).
Pleading guilty or not guilty to Threatening Injury to Prevent Arrest in a Melbourne Court
Deciding whether you should plead guilty or not guilty to a charge of Threatening Injury to Prevent Arrest is a very serious issue that you need to discuss with a criminal defence solicitor. If you are proven guilty in Court there could be severe consequences.
Elements of the charge of a Threatening Injury to Prevent Arrest case in a Melbourne Court
It is necessary for the prosecution to show that the accused threatened injury. The accused must have done this with the intent of resisting or preventing the lawful apprehension or detention of the accused or of another person. The arrest should be lawful and the accused should have been aware that it was lawful.
Defending the charge of Threatening Injury to Prevent Arrest in a Melbourne Court
Defending the charge of Threatening Injury to Prevent Arrest may involve factual disputes. The alleged offence may have been due to honest and reasonable mistake of belief. Was the defendant aware that the arrest was lawful? Was the arrest really lawful? Issues of consent and mental impairment may also be brought forward in Court as well as the defences of duress and lack of intent.
For more information on Threatening Injury to Prevent Arrest, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 18 2013 and relates to the law as it stands at this time.
