If You Have Been Charged with Threatening to Prevent Arrest
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Aggravated Assault
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Wilful Damage
-
Common Assault
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Public Display of a Nazi Symbol or the Nazi Salute
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Harassing a Witness
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Recklessly Causing Serious Injury In Circumstances Of Gross Violence
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Affray Charges In Victoria
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Intentionally Causing Serious Injury in Circumstances of Gross Violence
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Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
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Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
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Threatening to Prevent Arrest
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Using a Firearm in the Commission of an Offence
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Being Armed with Criminal Intent
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Kidnapping
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Robbery
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Armed Robbery
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Aggravated Burglary
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Home Invasion
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Aggravated Home Invasion
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Arson
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Criminal Damage
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False Imprisonment
-
Public Nuisance
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Riot
-
Rout Offence
-
Unlawful Assembly
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Intentionally Causing a Very Serious Disease
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Carjacking
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Aggravated Carjacking
If yes, you must engage a law firm with proven experience in criminal law.
What is Threatening Injury to Prevent Arrest?
Threatening injury to prevent arrest is a serious (indictable) offence in Victoria provided for under s 30 of the Crimes Act 1958 (“CA”). It is defined as a person who makes a threat and intends the threat to prevent the lawful apprehension of themselves or another person or intends to hinder a member of the police force conducting a lawful investigation.
Related offences that involve the use of ‘threats’ (to cause injury, kill, and damage property) include:
- Bomb hoaxes
- Contaminating goods causing public alarm or economic loss
- Dangerous goods on an aircraft
- Endangering the safe operation of an aircraft
- Endangering the safety of an aircraft
- Entering a level crossing when a train/tram is approaching
- Extortion with threats to destroy property
- Extortion with threats to kill
- Obscene, indecent, threatening language and behaviour in public
- Offences to harass witnesses, etc.
- Setting traps to kill
- Threatening injury to prevent arrest
- Threatening to contaminate goods
- Threats to destroy/damage property
- Threats to inflict serious injury
- Threats to kill
- Threats to sabotage
- Threats to the safety of an aircraft
Examples of Threatening Injury to Prevent Arrest:
Threatening injury to prevent arrest covers a broad range of actions and behaviours, and common everyday examples include:
- A person threatens to break another person’s arm if police try to arrest them.
- A person threatens to stab a police officer if they arrest them.
- A person threatens to stab a protective services officer (PSO) with a knife if the PSO investigates a packet of white powder they reasonably believe contains a quantity of illicit drugs.
- A person threatens to slash a person’s motor vehicle wheels to stop them from contacting police so the defendant can be arrested.
Police Interview:
If you have been accused of threatening injury to prevent arrest, you may be asked to attend a formal police interview that is recorded for evidentiary purposes and to determine whether or not to formally charge you. At this stage, police have investigated the offence and have a range of evidence already against you that they will not disclose (like statements from witnesses and the victim). Before the interview, you are given the option to contact a lawyer for legal advice, support, or representation. We can provide you with specialised, confidential legal advice over the phone or in conference at our offices that addresses all your concerns before beginning a police interview.
This includes: whether to make a statement to police, whether to attend a police interview, what to expect at the interview, what your rights and obligations are during the interview (like what you are not obliged to tell or provide), whether you should provide your side of the allegation, whether you should answer all questions asked of you or give a ‘no comment’, whether you have to provide DNA and/or your mobile phone, and whether you will be reprimanded if you refuse to follow an order or instruction. We also prepare you well for answering questions police ask you to ensure you do not tarnish the defence that is later given in court and help police that exceeds what they need in their investigation. We can accompany you to the formal police interview to help ease your apprehension and stress. Police take note of everything you do and say—they are experts in interrogation and obtaining admissions from you to help them build a strong case against you. It is important to be courteous during the interview, as it will be played in court, and if you are disrespectful, it may harm your credibility.
Questions to Consider Before Pleading Guilty or Not Guilty:
To determine whether you have a good prospect of success in defending your threatening injury to prevent arrest charge in court, it is important to weigh the following points:
- Has the prosecution correctly provided me with particulars of the charges I have been charged with?
- Does the prosecution have a strong case against me?
- Should I plead guilty or not guilty, where I defend my charge at a contested hearing or trial?
- Did I make a threat against a person or property?
- Did I make a threat to injure a person or property?
- Did I intend the person to believe my threat was real?
- Did I intend to prevent or hinder the lawful arrest of myself or another person, or the lawful investigation of an act or circumstance that called for investigation by a police officer or PSO?
- Did I intend to delay a police investigation?
- Was a co-accused charged, or did I act alone?
- When did the offence occur, and when was I charged by police?
- What options are available to minimise my penalty?
- Do I have a lawful reason to justify why I was threatening injury to prevent arrest (can a defence like mental impairment/illness be relied on to argue my innocence)?
- Should we subpoena (legally seek access to inspect) relevant material from the opposing party?
Our experienced lawyers will help answer all these questions and prepare a strong case for you.
What must the prosecution prove?
To determine whether you have been charged with threatening injury to prevent arrest, it is important to consider what constitutes the offence (see definition above). In other words, can the disputing party establish beyond a reasonable doubt all elements of the offence?
- You threatened to inflict injury on another person or to any property
- A general threat by you does not satisfy this element.
- ‘Injury to a person’ is non-exhaustively defined and includes unconsciousness, disfigurement, substantial pain, infection with a disease, impairment of bodily function, and psychological harm (s 15 CA).
- ‘Injury to property’ is not defined but is comparable to ‘damaging property,’ which is defined broadly in case law to mean a permanent or temporary reduction of functionality, utility, or value (R v Previsic [2008] VSCA 112).
- You intended to prevent or hinder the lawful apprehension or detention of yourself or another person?
- ‘Intended’ means to wish the threat would cause prevention or hinderance of the lawful apprehension of themselves or another person.
- Being reckless as to whether or not the intent may have this result does not satisfy this element; intent must be present.
- The apprehension or detention that is intended must be lawful (in the eyes of the law) (e.g., by police officers acting in the course of their duty).
- You intended to hinder a member of the police force conducting a lawful investigation?
- This component is satisfied if the defendant had knowledge that a police investigation was happening or could be taking place.
- You must have intended to frustrate police investigation or interfere with police investigation procedures.
- The prosecution has to prove these components beyond a reasonable doubt.
What Happens Next?
If you have been charged with threatening injury to prevent arrest, the first steps you need to take to defend your case involve:
- Contacting MK Law for an initial consultation to discuss the charges and outline the evidence against you.
- We will gather information from you, including the underlying circumstances, conduct our own investigations, and consider all evidence and any statements that may help your defence.
- We will advise you on the best course of action and whether it is best to plead guilty or not guilty.
- We will represent you in court and prepare strong submissions to assist you and mitigate your penalty.
Possible Penalties for preventing arrest:
The possible penalties for a guilty verdict for threatening injury to prevent arrest range widely and may include:
- Jail sentences, including a custodial order for up to 5 years in prison.
- A community correction order (CCO).
- A fine or adjourned undertaking, which may lead to a penalty and a conviction being recorded if you do not comply.
- A conviction without penalty.
You can avoid the severe consequences of a conviction by seeking our assistance to defend you.
Why should you use MK Law?
The criminal justice system (CJS), comprising police, courts, magistrates, and judges, is a very unfamiliar and intimidating environment, particularly for unrepresented and/or first-time defendants. The CJS prioritises the prosecutor’s and public’s best interests and rights, not yours. Courts take threatening injury to prevent arrest offences very seriously and often impose harsh penalties, particularly given the recent rise in these offences in Victoria.
The relevant legislation for threatening injury to prevent arrest is quite complex. The amount of evidence that must be preserved before it is lost or damaged (like witness statements) and the number of aggravating and mitigating factors that must be considered for this offence means being well prepared and seeking legal advice from us as soon as possible before facing a court is critical to help you receive the most favourable outcome.
MK Law has a team of expert criminal defence and assault lawyers across our four offices (Melbourne, New South Wales, South Australia, and Western Australia) who have represented thousands of parties in threatening injury to prevent arrest offences at contested hearings. We take allegations very seriously.
During our confidential consultations, we carefully listen to our clients’ unique instructions and side of the allegation, consider all relevant factors, explain the possible penalties, and guide you through the most appropriate options (whether to plead not guilty or guilty so a lesser charge can be settled, or admitting guilt to the elements of the crime and dispensing with the need for the prosecution to prove guilt) to avoid the most severe penalties being imposed. We appear in court daily and know what works. We have in-house counsel who run contested hearings and trials from the beginning, so you will always receive the same lawyers who work on your case from the very start.
We have represented many clients and prepared strong and successful plea and defence strategies in the Victorian Courts by fighting the charge/s if you have been wrongly accused (including conducting our own investigations, requesting disclosure material and statements from witnesses, proactively looking for evidence police have overlooked, and vigorously cross-examining/questioning the prosecution’s case, such as if they have not drafted statements, spoken to key witnesses, or obtained CCTV footage).
We also properly explain the underlying circumstances of your offending and personal history and arrange and tender evidence that supports your case, including defence witness statements, character references, and expert reports (like psychological reports) to the court. This means we are well-equipped to navigate this complex legal environment and work through the particular legal processes, procedures, and factors that guide the court. We have your best intentions in mind to help defend you and persuade the court to hand down the fairest and most lenient penalty (like avoiding imprisonment, having the charges dismissed/withdrawn, and/or obtaining a costs order made against the prosecution where you are reimbursed for all legal costs for your defence).
Our lawyers regularly attend professional development training to ensure we are up to date with the latest law in this area.
Contact our experienced team of criminal defence lawyers for confidential legal advice 24/7 at 1800 130 120.
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
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Contact Us
At MK Law Firm, we understand the serious consequences that can arise when you’re charged with threatening to prevent arrest. Our experienced legal team is here to offer you professional advice, representation, and support throughout your case. We are dedicated to protecting your rights and ensuring the best possible outcome.
If you need immediate assistance or have questions about your legal situation, contact MK Law Firm today. Call us at 1800 130 120 or take advantage of our 24/7 Free Legal Advice service for urgent matters. We’re here to help when you need it most.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au