Commission of an Imprisonable Offence With a Firearm

Question 1

Commission of an imprisonable offence with firearm liability (a)

Answer 1

s198B(1)(a) Crimes Act 1961

• in committing an imprisonable offence
• uses any firearm

Question 2

Commission of an imprisonable offence with firearm liability (b)

Answer 2

s198B(1)(b)

• while committing any imprisonable offence
• has any firearm with him or her
• in circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 3

“has with him”

Answer 3

Must knowingly have it - mere possession is insufficient

Knowingly had custody or control and at the time it was available and at hand for him or her to use while committing the imprisonable offence

Question 4

R v Manapouri

Answer 4

Two ro more people can be charged inr egards to a single firearm, that each ‘had with him’, if each had an appropriate degree of control over it

Question 5

Firearm definition

Answer 5

Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive

Question 6

Tuli v Police

Answer 6

“prima facie” means at first appearance

“prima facie” circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary”