Commission of an imprisonable offence with a firearm - S198B

Question 1

Commission of an imprisonable offence with a firearm - 198(B)(1)(a):

Section/Penalty/Elements

Answer 1

CA61; S198B(1)(a);
10 years imprisonment

1. In committing any imprisonable offence
2. Uses any firearm

Question 2

Commission of an imprisonable offence with a firearm - 198(B)(1)(b):

Section/Penalty/Elements

Answer 2

CA61; S198B(1)(b);
10 years imprisonment

1. While committing any imprisonable offence
2. Has any firearm with him or her
3. In circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 3

Define: Imprisonable offence

Answer 3

Any offence which is punishable by a term of imprisonment.

Question 4

Uses (Any firearm)

Note: S198B(1)(a)

Answer 4

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 5

Case law:
Police v Parker

Note: Uses any Firearm

Answer 5

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 6

Firearm Definition

Answer 6

Arms Act 1983; S2:

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 so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
ii) anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component, part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
iii) anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
iv) any specially dangerous airgun

Question 7

Case law:
R v Manapouri

Answer 7

Two or more people can be charged in regards to a single firearm, that each ‘had with him’, if each had an appropriate degree of control over it.

Question 8

Prima facie
Definition / Case law

Answer 8

‘At first appearance’.

Tuli v Police - “Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.”