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Using of Firearms in the Commission of Offences

Using of Firearms in the Commission of Offences is a very serious charge, especially that things can easily get worse whenever guns are involved. If you are found guilty of this charge, you will normally receive a prison term. This sort of charge is heard in the County Court.

In 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.

Defences that are often used against this charge are factual disputes, wrongful identification, lack of intent, or mental impairment.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is guided by a legislation that comes from section 31A of the Crimes Act 1958.

 

Further information on Using of Firearms in the Commission of Offences

Possible Defences

In a case of Using of Firearms in the Commission of Offences, the following defences may be applicable to the charge:

  • Factual and Identification Dispute
  • Lack of Intent
  • Mental Impairment
  • Duress

Penalties

What penalties can be imposed for a charge of Using of Firearms in the Commission of Offences?

  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Using of Firearms in the Commission of Offences?

The legislation for this offence can be found on section 31A of Crimes Act 1958.

Case Studies

We currently have no available case studies for the charge of Using of Firearms in the Commission of Offences.

Media Articles

We currently have no available media articles related to the charge of Using of Firearms in the Commission of Offences.

Further Info

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of Using of Firearms in the Commission of Offences, Shane Pascoe.