The Maximum Penalty for Using of Firearms in the Commission of Offences in Melbourne
A maximum penalty of 5-year imprisonment may be imposed on a person found guilty of committing Using of Firearms in the Commission of Offences. It is a very serious criminal charge and is an indictable offence that is likely to result to a prison term. This offence is generally heard in the County Court.
The legislation on Using of Firearms in the Commission of Offences
Section 31A of the Crimes Act 1958 is the law for the charge of Using of Firearms in the Commission of Offences:
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.
Pleading guilty or not guilty to Using of Firearms in the Commission of Offences in a Melbourne Court
Would you plead guilty to a charge of Using of Firearms in the Commission of Offences? Such legal questions should be carefully discussed with a criminal defence solicitor. Only a legal expert can properly guide you in addressing legal issues pertaining to a criminal charge. Failing to consult with one might lead to very severe consequences.
Elements of the charge of a Using of Firearms in the Commission of Offences case in a Melbourne Court
The Prosecution must prove that the defendant has been found guilty of an indictable offence. The accused must have been carrying a firearm or an imitation of a firearm when the offence was being committed. These elements must be effectively established in Court to prove that a defendant is guilty of Using of Firearms in the Commission of Offences.
Defending the charge of Using of Firearms in the Commission of Offences in a Melbourne Court
Criminal defence lawyers primarily check for possible factual and identification disputes when defending against the charge of Using of Firearms in the Commission of Offences. Is it possible that the accused was mentally impaired? Was the required intent present? Duress as well as other defences may also be considered depending on the circumstances of the case.
For more information on Using of Firearms in the Commission of Offences, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Aug. 9, 2012 and relates to the law that it stands at this time.