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Written by
Bill Doogue
Criminal Defence Lawyer


Assaults / Violence Offences - VIC
Welcome to the VIC Assaulting or resisting Police article page. Everything you need to know about Assaulting or resisting Police according to VIC law - Dated: 01/01/2011

What the Law States according to VIC Law for Assaulting or resisting Police

According to VIC Law for the charge of Assaulting or resisting Police,

Summary Offences Act 1966 - SECT 52

Assaulting or resisting constables etc.

52. Assaulting or resisting constables etc.

(1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

(1A) Any person who together with others wilfully and without lawful authority besets any premises, whether public or private, for the purpose and with the effect of obstructing, hindering, or impeding by an assemblage of persons the exercise by any person of any lawful right to enter, use, or leave such
premises shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) In addition to imposing a penalty the court may order and award a sum sufficient to cover any damage which any such member of the police force person or member of staff has sustained by such assault resistance obstruction hindrance or delay, such sum to be recoverable in the same manner as the penalty.

The Maximum Penalty - Assaulting or resisting Police

According to VIC Law for the charge of Assaulting or resisting Police,
3 - 6 months / 15 - 25 penalty units

What the Police must prove according to VIC Law for Assaulting or resisting Police

(a) The accused assaulted, resisted, obstructed, hindered, or delayed the police or incited or encouraged another person to assault, resist, obstruct, hinder, or delay the police.

(b) The person assaulted etc was a member of the police force in the execution of his or her duty, a person lawfully assisting the police member in the execution of his duty under the Summary Offences Act or any member of staff of the local authority in the execution of his duty under the Summary Offences Act.

Possible Defences under VIC Law - Assaulting or resisting Police

(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Mental impairment.

(f) Necessity.

(g) Self-defence.

(h) The officer was not acting in the execution of his/her duty.

Which court in VIC will hear the matter - Assaulting or resisting Police


Magistrates' Court

Street names for Assaulting or resisting Police


Assault police, resist arrest, resist police
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