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Use or possession of weapon to resist arrest etc

Offence title:

 

Use or possession of weapon to resist arrest etc

Act:

 

33B Crimes Act (NSW)

Offence:

(1)   A person who –

(a)   Uses, threatens to use or possesses an offensive weapon or instrument, or

(b)   Threatens to injure a person or property,

with intent to:

·       commit an indictable offence, or

·       prevent or hinder the lawful arrest of themselves or another, or

·       prevent or hinder a police officer from investigating any matter that requires investigation.

 

(2)   If the offence in (1) is committed in company with another the penalty is increased.

 

Penalty:

 

(1)   Imprisonment for 12 years

 

(2)   Imprisonment for 15 years

 

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District or Supreme Court

 

How committed:

 

A burglar is caught inside the premises by the owner. In order to escape the burglar produces a large knife and threatens to stab the owner if he is prevented from leaving.

 

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