Using Firearm to Resist Arrest etc.

by Doogue O'Brien George Criminal Defence Lawyers

How Serious is the Charge of “Using Firearm to Resist Arrest etc.” in Melbourne?

There is a maximum penalty of imprisonment for 10 years or a fine of 1,200 penalty units for anyone found guilty of a charge of “Using Firearm to Resist Arrest etc.” This is a very serious offence which normally carries a prison term on a finding of guilt. As it is an indictable offence, it is primarily heard in the County Court.

 

The legislation on “Using Firearm to Resist Arrest etc.”

Section 29 of the Crimes Act 1958 is the relevant legislative provision for “Using Firearm to Resist Arrest etc.” and is as follows:

                                                

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.

 

Pleading guilty or not guilty to “Using Firearm to Resist Arrest etc.” in a Melbourne Court

Deciding whether to plead guilty or not guilty to “Using Firearm to Resist Arrest etc.” has important implications and should only be made after proper discussions with a criminal defence solicitor. If you are found guilty there could be severe consequences.

 

Elements of the charge of “Using Firearm to Resist Arrest etc.” in a Melbourne Court

The prosecution must show that the defendant used, or attempted to use, a firearm or an imitation firearm. This must have been done by the defendant with the intent to prevent or resist the apprehension or detention either of the defendant or of another person. It is also essential that the apprehension or detention be lawful and the defendant must have been aware that it was lawful.

 

Defending the charge of “Using Firearm to Resist Arrest etc.” in a Melbourne Court

Defences that are often run in relation to this charge are factual dispute, and honest and reasonable mistake of belief. Was the apprehension lawful? Was the defendant aware that it was lawful? Other criminal defences may also be applicable depending on the circumstances surrounding the alleged offending.

 

For more information on “Using Firearm to Resist Arrest etc.”, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more details 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 Sep. 18 2013 and relates to the law as it stands at this time.    



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