Commission of an Imprisonable Offence with a Firearm Flashcards
Commission of an imprisonable offence with a firearm
Section and Penalty
Section 198B(1)(a) CA61
10 years imp
Commission of an imprisonable offence with a firearm
Ingredients
In committing any imprisonable offence
Uses any firearm
In committing any imprisonable offence
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
Uses
Of note only
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.
Police v Parker
Use in any manner whatever
“ ‘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 …”
Firearm
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
At Any Person
Gender neutral, proven by judicial notice or circumstantial evidence.
S198B(1)(b) CA61
(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.
Commission of any imprisonable offence liability
In committing any imprisonable offence - imprisonable offence meaning Uses any firearm - uses meaning - firearm meaning
