Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

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.

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

2Homicide 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.