NSW Does section 418 of the crimes act apply

[Hellomyonlyfriend]

Even when the arrest is deemed lawful?

 

[Hellomyonlyfriend]

Any help with this please?

 

[Hellomyonlyfriend]

Anyone?

 

[Magallenes]

I'm assuming you've been charged with some type of hinder, resist or assault police whilst they were lawfully arresting you?
Provide some context of the situation and you will be able to get a clear response.

It can be a difficult charge for the police to win on sometimes

 

[Hellomyonlyfriend]

Implied consent had been removed for NSW Police to enter the property. Signage was on the property removing implied consent.

Police entered property for investigation of non DV offence. Told them to leave and shut door. Police then made decision to arrest and kicked door in. Charged with resist.

Does section 418(2)(d) apply?

 

[Hellomyonlyfriend]

I'm assuming you've been charged with some type of hinder, resist or assault police whilst they were lawfully arresting you?
Provide some context of the situation and you will be able to get a clear response.

It can be a difficult charge for the police to win on sometimes

I provided context above.

 

[chichi11]

Section 418(2)(d) of the Crimes Act 1900 (NSW) refers to the use of force in self-defense, but this defense is not available if the person was resisting lawful arrest, even if they believed the arrest was unlawful. In your case, whether the police had lawful authority to enter the property, despite the implied consent being withdrawn through signage, could be relevant. If the police's entry was unlawful or excessive force was used during the arrest, Section 418 might provide a defense. Consulting a lawyer would clarify how it applies to the facts of your case.