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Using Firearm to Resist Arrest

Firearm Offences – VIC

Welcome to the VIC Using firearm to resist arrest article page. Everything you need to know about Using firearm to resist arrest according to VIC law.

What the Law States according to VIC Law for Using firearm to resist arrest

According to VIC Law for the charge of 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.

The Maximum Penalty – Using firearm to resist arrest

According to VIC Law for the charge of Using firearm to resist arrest, 10 years / 1200 penalty units.

What the Police must prove according to VIC Law for Using firearm to resist arrest

(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.

(c) The accused knowingly made a false representation in order to obtain the drug.

Possible Defences under VIC Law – 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

In VIC which court will hear the matter – Using firearm to resist arrest

County Court

 

Date: 09/01/2009

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