Victorian Current Acts

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CRIMES ACT 1958 - SECT 5B

Homicide by firearm

    (1)     A person who, by discharging a firearm, causes the death of another person in circumstances that constitute manslaughter is guilty of homicide by firearm and liable to level 2 imprisonment (25 years maximum).

    (2)     The standard sentence for homicide by firearm is 13 years.

    (3)     In this section—

"discharge" has the same meaning as in section 31C(4);

"firearm "has the same meaning as in the Firearms Act 1996 .

Notes

1     See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

2     Homicide by firearm is a category 2 offence under the Sentencing Act 1991 . See section 5(2H) of that Act for the requirement to impose a custodial order unless the circumstances set out in paragraphs (a) to (e) of that section exist.

S. 5C inserted by No. 16/2020 s. 5.



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