Have you been charged with the Use of Firearms in the Commission of an Offence?
If the answer is yes, you will need to engage a law firm with proven experience in criminal law.
There are several aspects of your matter you will need to discuss at length with your lawyer. Does the prosecution have a case to make out? Have you been found guilty of an indictable offence? Were you carrying a firearm when you committed the offence? Did you act alone?
Once you have addressed these questions, you will better be able to ascertain how to plead in this matter. If you would like more information on Use of Firearms in the Commission of Offences, see below.
The offence
Section 31A of the Crimes Act 1958.
A defendant must be found guilty of an indictable offence; and
The defendant must also be found to be carrying a firearm or imitation firearm.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Use of Firearms in the Commission of Offences cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Ensure that you don’t leave preparation to the last minute. Undertaking appropriate planning is vital to the success of any matter.
If you have been charged with Use of Firearms in the Commission of Offences make an appointment to see one of our experienced lawyers today.
The legislation
Section 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 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 sub-section (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.
