Resisting or Obstructing Police Flashcards
1
Q
What are the Elements of Resisting Police ?
A
- Resists OR Incites or encourages any other person to resist
- Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
2
Q
What Act and Section is Resisting Police ?
A
Summary Offences Act 1981, Sec 23 (a)
3
Q
What is the penalty for Resisting Police ?
A
3 months / $2,000 fine
4
Q
What are the Elements of Obstruction (Resisting Police) ?
A
- Intentionally obstructs OR Incites or encourages any other person to obstruct
- Any Constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
5
Q
What Act and Section is Obstruction (Resisting Police) ?
A
Summary Offences Act 1981, Sec 23 (a)
6
Q
What is the penalty for Obstruction (Resisting Police) ?
A
3 months / $2,000 fine
7
Q
Definition - Resists ?
A
Requires some degree of force by the offender.
8
Q
Definition - Intentionally obstructs ?
A
Deliberately making it more difficult for a person to carry out their duties.
9
Q
Definition - Incites or encourages ?
A
- Urge or persuade any other person to use some degree of force (resists)
- Urge or persuade any other person to make it more difficult for the person to carry out their duties. (obstruction)
10
Q
Definition - Acting in the execution of their duty ?
A
The person must have been lawfully exercising their powers.
