Published by Geoff Harrison | 14 December 2024
As noted by His Honour Neilson DCJ in R v Merza, citing the decision of Taufahema v R [2006] NSWCCA 152 at [25]:
...the word “hinder” is a word of ordinary parlance without any special meaning and that its usual definition (for example, that in the Shorter Oxford English Dictionary) is “to keep back, delay, impede, obstruct, prevent”.
...
In Leonard v Morris (1975) 10 SASR 528, Bray CJ (at 531) described the actus reus of the offence established by section 546C as “any active interference or obstruction which makes the duty of the police officer substantially more difficult of performance”.
Other Sources:
Cases:
Extracted Legislation:
CRIMES ACT 1900 - SECT 60
Assault and other actions against police officers
(1AA) A person who hinders or resists, or incites another person to hinder or resist, a police officer in the execution of the officer's duty commits an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units or both.
(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
(1A) A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.
(2) A person who assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
(2A) A person who, during a public disorder, assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.
(3) A person who by any means--
(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and
(b) is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 12 years.
(3A) A person who by any means during a public disorder--
(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and
(b) is reckless as to causing actual bodily harm to that officer or any other person,
is liable to imprisonment for 14 years.
(4) For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer's duty, even though the police officer is not on duty at the time, if it is carried out--
(a) as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer's duty, or
(b) because the officer is a police officer.
CRIMES ACT 1900 - SECT 60AC
Hindering and obstruction of persons aiding law enforcement officers
A person who hinders or obstructs a person who comes to the aid of a law enforcement officer who is being hindered or obstructed in the course of the officer's duty, commits an offence.
Maximum penalty--Imprisonment for 12 months or a fine of 20 penalty units, or both.
CRIMES ACT 1900 - SECT 315
Hindering investigation etc
(1) A person who does anything intending in any way to hinder--
(a) the investigation of a serious indictable offence committed by another person, or
(b) the discovery of evidence concerning a serious indictable offence committed by another person, or
(c) the apprehension of another person who has committed a serious indictable offence,
is liable to imprisonment for 7 years.
(2) For the purposes of subsection (1), a person is to be considered to have committed a serious indictable offence if a public officer engaged in the detection or investigation of offenders suspects on reasonable grounds that a person has committed the offence.
(3) It is not an offence against this section merely to refuse or fail to divulge information or produce evidence.
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