Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Resisting Police and Resisting Arrest
Resisting or obstructing police is dealt with seriously by the ACT’s courts, with one in seven offenders sentenced by the ACT Magistrates Court receiving a prison sentence, according to recent statistics.
The Offence of Resisting Police
The Criminal Code 2002, at Section 361, provides that a person who “obstructs, hinders, intimidates or resists” a public official exercise of his or her functions is liable to a maximum penalty of 200 penalty units and/or two years’ imprisonment.
The Code provides for a “minor offence” where the person resisting was reckless about whether the person was a police officer. In this case, the maximum penalty is 50 penalty units and/or six months’ imprisonment.
Of course, the types of resistance can vary greatly, with 62 per cent of offenders being placed on Good Behaviour Orders and 22 per cent being fined.
Will I Get A Criminal Record from A Resist Police Charge?
A criminal conviction will result from a finding of guilt for this charge unless the court is convinced that it should exercise its discretion not to convict you of the offence.
The factors that are relevant to sentencing for this offence are many and varied, relating not only to the circumstances of the incident but also to the criminal histories of accused people.
The ability for an accused person to negotiate what finally appears in the Prosecution’s Statements of Facts can have a significant bearing on the final outcome. Our team of criminal lawyers negotiate with police and prosecutors on a frequent basis in relation to resist matters, among many others.
What Actions Might Constitute Resisting Police?
The courts have said that anything that makes it more difficult for the police to carry out their duties is “obstructing” them: Hinchcliffe v Sheldon  1 WLR 1207 per Goddard, LCJ.
Examples of behaviour that amount to resisting police are:
- Placing yourself between police and someone they intend to speak to.
- Not submitting to police when clearly directed to.
- Twisting, or trying to free yourself from a police officer’s grasp.
- Continuing to defy an officer’s direction to “stop resisting”.
What the Police Must Prove
To find a person guilty of this offence beyond a reasonable doubt, a court must be satisfied that:
- They obstructed, hindered, intimidated, or resisted a public official;
- This was done while the public official was exercising his or her functions as a public official.
- The accused knew that the public official was a public official.
- That the public official was a Territory public official.
- That the functions being performed were the functions of a Territory public official.
Possible Defences for Resisting Police
A person charged with this offence may argue in their defence that:
- That the person was not a Territory public official;
- That they were not exercising their lawful functions.
Which Court Will Hear Your Matter?
As the charge of resisting police carries a maximum penalty of no more than two years’ imprisonment it is a summary-only offence.
This means that it is heard only in the ACT Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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