Commission of an Imprisonable Offence with a Firearm

Question 1

What is the section and penalty?

Answer 1

Section 198B(1)(a) and (b) 
10 years imprisonment

Question 2

What are the elements?

Answer 2

(1) liable to 10 years who -

(a) In committing any imprisonable offence, uses any
firearm or
(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

Prima facie?

Answer 3

at first appearance

Question 4

Uses a firearm?

Answer 4

Uses a firearm has a narrow meaning than “uses in any manner” as uses is to present or fire or displaying it in a menacing way.

Question 5

What possession does the user have to have?

Answer 5

He has to have knowledge and physical control. The firearm has to be available to him or her to use.

Question 6

Does mere possession satisfy the offence?

Answer 6

No, possession has be accompanied by a prima facie with the intention to use it.