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VICAct
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s 31A

Use of firearms in the commission of offences

In force
Part IOffences
Division 1Offences against the person
Subdivision (4)Offences against the person

31A 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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