The maximum penalty for the offence of use weapon to resist arrest is 12 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Court
The most common penalty imposed for use, etc offensive weapon with intent to hinder investigation under section 33B(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order and community correction order.
The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for use, etc offensive weapon with intent to prevent lawful apprehension/detention under section 33B(1)(a) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then section 10a conviction with no other penalty, then conditional release order with conviction, then conditional release order without conviction and fine only.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for use, etc offensive weapon with intent to commit indictable offence under section 33B(1)(a) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order, then conditional release order without conviction, then fine only, then conditional release order with conviction, then section 10a conviction with no other penalty.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for threaten injury with intent to hinder investigation under section 33B(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 12 months.
The most common penalty imposed for threaten injury with intent to prevent lawful apprehension/detention under section 33B(1)(b) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order.
The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 10 months.
The most common penalty imposed for threaten injury with intent to commit indictable offence under section 33B(1)(b) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order, then fine only, then conditional release order with conviction, then conditional release order without conviction and section 10a conviction with no other penalty.
The average full term prison sentence imposed for the offence is 10 months and the average non-parole period (the minimum term in prison) is 5 months.
In the Higher Courts
The most common penalty imposed for use, etc offensive weapon with intent to hinder investigation under section 33B(1)(a) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for use, etc offensive weapon with intent to prevent lawful apprehension/detention under section 33B(1)(a) of the Crimes Act is imprisonment, followed by community correction order and intensive correction order.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for use, etc offensive weapon with intent to commit indictable offence under section 33B(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for threaten injury with intent to prevent lawful apprehension/detention under section 33B(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for threaten injury with intent to commit indictable offence under section 33B(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 21 months.
The most common penalty imposed for use, etc offensive weapon with intent to resist arrest, etc – in company under section 33B(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction and conditional release order with conviction.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 18 months.
The most common penalty imposed for threaten injury with intent to resist arrest, etc – in company under section 33B(2) of the Crimes Act is intensive correction order.
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