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Using firearm to resist arrest

Criminal Lawyers Melbourne
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Written by
Josh Taaffe
Criminal Defence Lawyer


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Firearm Offences - VIC
The Law - Using firearm to resist arrest

What the Law states - Using firearm to resist arrest


Crimes Act 1958 - SECT 29

Using firearm to resist arrest etc.

29. Using firearm to resist arrest etc.

(1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence.

Penalty: Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum).

(2) A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other
offence.

(3) In this section-

(a) firearm has the same meaning as in the Firearms Act 1996; and

(b) imitation firearm means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.

Maximum Penalty in Victoria



10 years / 1200 penalty units

What the Prosecution must prove - Using firearm to resist arrest - Vic


(a) The accused made use of or attempted to make use of, a firearm or imitation firearm.

(b) The accused did so with intent to resist or prevent the lawful apprehension or detention of the accused or of some other person.

(c) The apprehension or detention resisted or prevented was lawful.

(d) The accused knew the apprehension or detention was lawful.

Possible Defences - Using firearm to resist arrest


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

Which court will hear the charge of Using firearm to resist arrest


County Court.

R v Doherty [1914] St R Qd 12

R v Mark [1961] Crim LR 173

Kenlin v Gardiner [1967] 2 QB 510

R v Fennell [1971] 1 QB 428

 

Appeal Using firearm to resist arrest Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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