Using of Firearms in the Commission of Offences
Have you been accused of Using a Firearm in the Commission of an Offence? This is a serious allegation and you must receive legal advice about how to deal with such an allegation.
Police interviewThe purpose of the Police interview is for the Police to get admissions from you. It is not an opportunity for you to explain your side of the story and hope that the Police will leave you alone. Therefore, it is important that you speak with one of our lawyers before you speak with the Police. Anything you tell the Police can be used in evidence against you or assist the Police investigation against you. We can advise you about what should be said during a Police interview. You may be wondering:
- Should I explain my side of the story?
- Should I deny the allegations?
- Do I provide Police with my DNA if they request it?
- Will I be remanded?
- Will the Police leave me alone if I ignore them?
Pleading not guiltyWe are defence lawyers who specialise in defending all charges including allegations that Firearms have been Used in the Commission of an Offence. Our lawyers work closely with in-house who can devise a case strategy for you.
Our lawyers are proactive in their approach and will consider:
- Is there relevant CCTV footage?
- Is there DNA evidence?
- Are there people who the Police have not spoken to who can shed some light on this case?
- Is there helpful evidence for your case which needs to be preserved?
Preparing a case strategy early will increase the chances of preserving valuable evidence which can help your case later on.
Pleading guiltyPleading guilty to an allegation of the Use of Firearms in the Commission of Offences is a serious charge and in most cases results in a prison sentence. Therefore, you must speak with one of our lawyers before agreeing to plead guilty to the Use of Firearms in the Commission of Offences. Our experienced lawyers can:
- Explain what penalty you should expect,
- Help you gather an expert report,
- Help you gather character references,
- Take the time to carefully listen to your story to prepare plea submissions,
- Represent you at your plea hearing,
Examples of Using of Firearms in the Commission of Offences
- A person uses a gun to intimidate a rival shop owner by shooting bullets at their front window.
- A person accused of dealing illicit drugs is found to be in possession of a hand gun.
- An assault is captured on CCTV footage and a person can be seen to use a hand gun to threaten and assault a victim.
What is the legal definition of Using of Firearms in the Commission of Offences?Use of firearms in the commission of offences
- A person who is found guilty of an indictable offence and who carried—
- a firearm (within the meaning of the Firearms Act 1996); or
- an imitation firearm (within the meaning of section 29(3)(b))—
- Despite anything to the contrary in the Sentencing Act 1991 or in any other law, a court, in imposing a penalty under subsection (1)—
- must direct that the sentence not be served concurrently with any other sentence; and
- must not make an order suspending the whole or any part of the sentence.
LegislationThe legislation for this offence can be found on section 31A of Crimes Act 1958.
Elements of the offenceIn essence, to prove this charge in Court, the Prosecution must show that the accused was found guilty of an indictable offence and was carrying a firearm, or an imitation firearm, at the time when the offence was committed.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Questions in cases like this
- In what way was the firearm used?
- What it a firearm?
If proven guilty of Using of Firearms in the Commission of Offences (s31A of the Crimes Act 1958), the court may imposed a maximum penalty of level 6 imprisonment (5 years).