Welcome to the VIC Using firearm to resist arrest article page. Everything you need to know about Using firearm to resist arrest according to VIC law - Dated: 09/01/2009
(a) The accused made use of or attempted to make use of, a firearm or imitation firearm.
(b) The accused did so with intent to resist or prevent the lawful apprehension or detention of the accused or of some other person.
(c) The apprehension or detention resisted or prevented was lawful.
(d) The accused knew the apprehension or detention was lawful.
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
County Court.
R v Doherty [1914] St R Qd 12
R v Mark [1961] Crim LR 173
Kenlin v Gardiner [1967] 2 QB 510
R v Fennell [1971] 1 QB 428