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Using of firearms in the commission of offences
Using of firearms in the commission of offences
ADLA member for - VIC
Written by
Josh Taaffe
Criminal Defence Lawyer
Assaults / Violence Offences - VIC
The Law - Using of firearms in the commission of offences
What the Law states - Using of firearms in the commission of offences
Crimes Act 1958 - SECT 31A
Use of firearms in the commission of offences31A. Use of firearms in the commission of offences
(1) A person who is found guilty of an indictable offence and who carried-
(a) a firearm (within the meaning of the Firearms Act 1996); or
(b) an imitation firearm (within the meaning of section 29(3)(b))-
when committing the offence is guilty of a further offence and is liable to level 6 imprisonment (5 years maximum).
(2) Despite anything to the contrary in the Sentencing Act 1991 or in any other law, a court, in imposing a penalty under subsection (1)-
(a) must direct that the sentence not be served concurrently with any other sentence; and
(b) must not make an order suspending the whole or any part of the sentence.
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - Using of firearms in the commission of offences - Vic
(a) The accused was found guilty of an indictable offence.
(b) The accused carried a firearm, or an imitation firearm when committing that offence.
Possible Defences - Using of firearms in the commission of offences
(a) Duress.
(b) Factual dispute.
(c) Identification dispute.
(d) Lack of intent.
(e) Mental impairment.
Which court will hear the charge of Using of firearms in the commission of offences
County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
