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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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.
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.
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.
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