Victorian Current Acts

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Use of firearms in the commission of offences

S. 31A(1) substituted by No. 50/2007 s. 57.

    (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.

S. 31B inserted by No. 56/2005 s. 6.

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