Assaults / Violence Offences – VIC

Welcome to the VIC Using of firearms in the commission of offences article page. Everything you need to know about Using of firearms in the commission of offences according to VIC law.

What the Law States according to VIC Law for Using of firearms in the commission of offences

According to VIC Law for the charge of Using of firearms in the commission of offences,

Crimes Act 1958 – SECT 31A
Use of firearms in the commission of offences

31A. 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.

The Maximum Penalty – Using of firearms in the commission of offences

According to VIC Law for the charge of Using of firearms in the commission of offences, 5 years.

What the Police must prove according to VIC Law for Using of firearms in the commission of offences

(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

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent
(e) Mental impairment

In VIC which court will hear the matter – Using of firearms in the commission of offences

County Court

 

Date: 09/01/2009