Wrongly Charged: Our client, Amanda*, is an Aboriginal woman in her 30s. She faced a distressing legal battle after being charged by police during an incident involving domestic violence at her home. Despite calling police for help, she was wrongly accused of hindering their duties. With the support of O’Brien Criminal & Civil Solicitors, Amanda was ultimately acquitted after a successful defence in court.
Charge: Hinder or resist police officer in the execution of duty – Section 60(1AA) of the Crimes Act 1900 (NSW)
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Case Summary
Amanda lived with her cousin*, with whom she shared a close bond. Her cousin had been the victim of ongoing domestic violence at the hands of her boyfriend. When the boyfriend showed up at their home once again, Amanda did what most would, she called the police for help.
Police arrived and arrested the boyfriend, but the situation escalated. Amanda and her cousin were also arrested and charged. Amanda faced a criminal charge of “Hinder or resist police officer in the execution of duty” under Section 60(1AA) of the Crimes Act 1900 (NSW). She was accused of obstructing the police during their arrest of the boyfriend.
Read our other successful Criminal Case Studies.
Detailed Overview: Aboriginal Woman Wrongly Charged
Despite being the one to contact police for assistance, Amanda found herself swept into the chaos of the arrest. Emotions were running high, and the situation was confusing. Nevertheless, Amanda did not interfere with police conduct in any significant way.
In court, our solicitors mounted a strong defence. During cross-examination, we revealed a critical flaw in the police account: they only claimed to have been hindered a full day after the incident, when processing paperwork. This raised serious doubts about whether any real obstruction had taken place at all.
We highlighted that for someone to be guilty of hindering police, there must be substantial interference with their duties. The court agreed that Amanda’s actions did not meet this threshold.
Outcome after woman was wrongly charged
Amanda was acquitted of the charge.
This outcome was not only a personal relief for Amanda, but also a broader win in challenging unnecessary criminalisation of Aboriginal women in high-stress situations involving domestic violence.
Wrongly Charged? Contact our lawyers in Sydney today
If you or someone you know has been charged with hindering police, especially during a situation where you were seeking help, get expert legal advice today.
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*We always change details in our case studies to protect client confidentiality.
