Commission of a imprisonable offence with a firearm Flashcards
what is the act, section and penalty for commission of an imprisonable offence with a firearm
S198B(1)(a) CA61
10yrs
What are the 2 elements?
1- In committing any imprisonable offence
2- Uses any firearm
Explain imprisonable offence
Must be in the commission of a imprisonable offence
S5 - CPA 11
- Imprisonable offence means an offence punishable by a term of imprisonment or life imprison
Explain uses and firearm
Uses
- Includes firing or presenting a firearm or displaying it in a menacing manner but does not include using it as a club
Firearm - S2 Arms Act 83
a- Includes anything from which any shot, bullet, missile or other propjectile can be discharged by force of explosive and
b - includes anything that has been adapted so that it can be used to discharge any of the above.