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7.4.9.6 - Checklist: Resisting a Member of the Police Force

Click here to obtain a Word version of this document for adaptation.

[This checklist is based on resisting a member of the police force. If the complainant was a person acting in aid of a member of the police force it will need to be modified as necessary.]

 

Six elements that the prosecution must prove beyond reasonable doubt:

  1. The complainant was a member of the police force at the time of the alleged crime; and
  2. The complainant was acting in the due execution of their duty; and
  3. The accused resisted the complainant in the execution of their duty; and
  4. The accused knew that the complainant was a member of the police force; and
  5. The accused intended to resist the complainant in the execution of their duty; and
  6. The actions of the accused were without lawful excuse.

 

Member of the Police Force

1. Was the complainant a member of the police force at the time of the alleged crime?

If Yes, then go to 2

If No, then the accused is not guilty of assault

Due Execution of Duty

2. Was the complainant acting in the due execution of their duty at the time of the alleged crime?

If Yes, then go to 3

If No, then the accused is not guilty of assault

Resistance

3. Did the accused resist the complainant in the execution of their duty?

If Yes, then go to 4

If No, then the accused is not guilty of assault

Knowledge of the Accused

4. Did the accused know that the complainant was a member of the police force?

If Yes, then go to 5

If No, then the accused is not guilty of assault

Intention

5. Did the accused intend to resist the complainant in the due exercise of their duty?

If Yes, then go to 6

If No, then the accused is not guilty of assault

Without Lawful Excuse

6. Was the accused acting without lawful excuse?

If Yes, then the accused is guilty of assault
(as long as you have answered yes to 1, 2, 3, 4 and 5)

If No, then the accused is not guilty of assault

 

Last updated: 2 May 2006

See Also

7.4.9 - Statutory Assault

7.4.9.1 - Charge: Assault with Intent to Commit an Indictable Offence (s31(1)(a))

7.4.9.2 - Checklist: Assault with Intent to Commit an Indictable Offence

7.4.9.3 - Charge: Assaulting an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.4 - Checklist: Assaulting a Member of the Police Force

7.4.9.5 - Charge: Resisting/Obstructing an Emergency Worker, Youth Justice Custodial Worker or Custodial Officer on Duty (Police Officer) (s31(1)(b))

7.4.9.7 - Checklist: Obstructing a Member of the Police Force

7.4.9.8 - Charge: Resisting Arrest (s31(1)(c))

7.4.9.9 - Checklist: Resisting Arrest