Victorian Consolidated Legislation

Crimes Act 1958 - SECT 29

Using firearm to resist arrest etc.

29. 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.