Commission of an Imprisonable Offence with a Firearm

Question 1

Commission of an Imprisonable Offence with a Firearm

Ingredients

Answer 1

Commission of an Imprisonable Offence with a Firearm
Section 198B(1)(a) Crimes Act 1961
10 years imprisonment

In committing any imprisonable offence

Uses any firearm

Question 2

In committing any imprisonable offence

Answer 2

Must be in the commission of an imprisonable offence

Section 5, Criminal Procedure Act 2011

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

Question 3

Uses

Of note only

Answer 3

Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.

Question 4

Police v Parker

Use in any manner

Answer 4

Police v Parker

“ ‘Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing …”

Question 5

Firearm

Answer 5

Sec 2 Arms Act 1983

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

b) Includes
i) Anything that has been adapted; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

Question 6

At Any Person

Answer 6

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 7

S198B(1)(b) CA61

Answer 7

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who,
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie to show an intention to use it in connection with that imprisonable offence.