The use of firearms is capable of both great good and great harm. In the wrong hands, people can use firearms to inflict violence and destruction. But in the right hands, they can serve to protect and defend. Like a double-edged sword, firearms require careful handling and consideration. One must use firearms responsibly and ethically or there can be devastating consequences.
This article will discuss sections 31 to 31C of the Crimes Act 1958 of Victoria, Australia.
Use of Firearms in the Commission of Offences
Sections 31A to 31D discusses the rules and penalties for committing an indictable offence such as assault under section 31 with the use of firearms. Section 31A provides that a person who is guilty of an indictable offence and who carried:
- a firearm (within the meaning of the Firearms Act 1996 ); or
- 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).
As to the service of sentence for the commission of the offences, this rule further provides that despite anything to the contrary in the Sentencing Act 1991 or in any other law, a court, in imposing a penalty:
- must direct that the sentence not be served concurrently with any other sentence; and
- must not make an order suspending the whole or any part of the sentence.
What Is Assault?
Assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person. The application of force is:
- without lawful excuse; and
- with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty
Moreover, the application of force is the application of either:
- heat, light, electric current or any other form of energy; and
- a matter in solid, liquid or gaseous form.
One example of this is when the offender makes use of firearms to commit assault against another person.
Section 31 of the Crimes Act Victoria provides for the rules and punishment for an offender who is convicted of assault. This provision imposes a level 6 imprisonment (5 years maximum). A person is guilty of assault if he or she:
- Assaults or threatens to assault another person with intent to commit an indictable offence.
- Assaults or threatens to assault, resists or intentionally
obstructs:
- an emergency worker on duty or
- a youth justice custodial worker on duty, or
- a custodial officer on duty
knowing or being reckless as to whether the person was an emergency worker or a youth justice custodial worker or a custodial officer.
- Assaults or threatens to assault, resists or intentionally obstructs a person lawfully assisting the above-mentioned persons, knowing or being reckless as to whether the person was assisting an emergency worker or a youth justice custodial worker or a custodial officer.
- Assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person.
Being Armed with Criminal Intent
Section 31B provides for the definition of the following terms:
- "controlled weapon" – a knife, other than a knife that is a prohibited weapon; or an article that is prescribed by the regulations to be a controlled weapon.
- " firearm" – a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.
- " imitation firearm" – anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.
- "prohibited weapon" – an imitation firearm or an article that is prescribed by the regulations to be a prohibited weapon.
Thus, a person who, with criminal intent, is armed with a firearm, an imitation firearm, a prohibited weapon or a controlled weapon is guilty of an indictable offence. The penalty for committing the offence of use of firearms with criminal intent is a level 6 imprisonment (5 years maximum).
Discharging a Firearm to an Officer
Section 31C provides the highest penalty among these sections on the use of firearms. The Courts may impose a level 4 imprisonment or 15 years maximum upon a person who makes use of firearms under this section.
These are the qualifying circumstances of this offence:
- the person discharges a firearm and is reckless as to the safety of another person (the victim) due to the discharge of the firearm; and
- the victim is a police officer on duty or a protective services officer on duty; and
- the person knows or is reckless as to whether the victim is a police officer or a protective services officer.
However, this rule on the use of firearms does not apply if the person who performs the act is:
- A police officer or a protective services officer. If he or she acting in the course of the police officer's or the protective services officer's official duties when authorised to discharge a firearm by the Chief Commissioner of Police.
- A senior IBAC Officer. If he or she has the duty of carrying out the purposes for which firearms may be used under the Independent Broad-based Anti-corruption Commission Act 2011 (IBAC) and as authorised under that law.
- A member of a police force or police service of the Commonwealth or of another State or a Territory discharging a firearm issued to the member for the performance of a detailed duty.
- A prison guard. The guard holds a licence under the Firearms Act 1996 issued for the requirement of the occupation of prison guard discharging a firearm as authorised under that licence while acting in the course of the prison guard's duties in the immediate pursuit of another person who is under the prison guard's custody.
- A licence holder. A person who holds a licence under the Firearms Act 1996. Here, the person discharges the firearm as authorised in the course of the person's duties under:
Seek Legal Assistance Immediately
If you are facing a use of firearms offence, contact a criminal defence lawyer today. Here are some reasons why you should hire a criminal defence lawyer for a firearms offence:
- Firearms offences are serious charges.
- The police have extensive resources to investigate firearms offences, and they often have strong evidence against defendants.
- The criminal justice system can be complex and daunting, and you need a lawyer who can fight for you and protect your interests.
Our skilled lawyers at JB Solicitors can help you navigate the legal process and build a strong defence. Contact us today.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
