Commission of an Imprisonable Offence with a Firearm

Question 1

Commission of an Imprisonable Offence with a Firearm

Answer 1

Section 198B (1) (a) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

Answer 3

1. IN committing any imprisonable offence

2. Uses any Firearm

Question 4

Imprisonable Offence

Answer 4

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

Section 5 Criminal Procedure Act 2011

Question 5

Uses

Answer 5

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

Question 6

Firearm

Answer 6

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

(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
- (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) of this definition or subparagraph (i) or this paragraph
- (iii) Anything (being a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph) which is for the time being dismantled or partially dismantled and
- (iv) Any specially dangerous air gun.

Section 2, Arms Act 1983