Obstruct / Resist Police Lawyer
Cairns & Far North Queensland
You have been charged with assaulting or obstructing a police officer. This is a charge that frequently arises from an interaction that escalated — an argument during a traffic stop, resisting when being arrested, pulling away from a police officer, or trying to help a friend who was being detained. The charge often accompanies a public nuisance charge from the same incident. Assault or obstruct police is a more serious charge than public nuisance. It directly names a police officer as the victim, it carries a higher maximum penalty, and a conviction for it carries greater weight on a criminal…
The Offence — Section 790, Police Powers and Responsibilities Act 2000
Section 790 of the Police Powers and Responsibilities Act 2000 (Qld) provides that a person must not: Assault a police officer in the performance of the officer's duties, or Obstruct a police officer in the performance of the officer's duties "Obstruct" is defined broadly and includes hinder, resist, and attempt to obstruct . Maximum penalties Standard offence: 40 penalty units or 6 months…
The Critical Element — 'In the Performance of the Officer's Duties'
For the charge to be made out, the prosecution must prove that the officer was acting in the lawful performance of their duties at the time the assault or obstruction occurred. This is not a formality — it is a substantive element that can be challenged. What this means in practice A police officer is performing their duties when they are exercising a lawful power or carrying out a function…
Defending the Charge
Section 790 charges are among the most defensible summary charges in the Magistrates Court. The legal threshold is specific, the body-worn camera evidence usually exists, and the elements can be tested. Common defence strategies include: The conduct did not constitute obstruction Obstruction requires conduct that made the officer's lawful duties more difficult to perform. Verbal non-compliance —…
Sentencing — What Changes the Outcome
The sentencing range for assault or obstruct police runs from a fine through to imprisonment. A fine or community service is the most common outcome in the Magistrates Court. Imprisonment is generally reserved for repeat offenders or cases involving significant violence. Whether this is a first offence. For a first offender whose conduct is at the lower end — pulling away during an arrest, verbal…
Common Companion Charges
Assault or obstruct police rarely arises in isolation. The interaction that leads to the charge almost always begins with something else: Public nuisance (s 6 SOA) — the most common companion charge. The public nuisance is the original behaviour; the obstruct police charge arises from the police response to it. Common assault (s 335 Criminal Code) — if the person also assaulted someone other than…
The Body-Worn Camera — Why It Matters
Almost every obstruct police charge in Cairns involves body-worn camera footage. This footage is the single most important piece of evidence in the matter — for both sides. What the footage shows Body-worn cameras record the entire interaction from the officer's perspective. They capture what was said by both parties, the physical conduct, the sequence of events, and the context. In many cases,…