Commission of an Imprisonable Offence with a Firearm

Question 1

Commission of an imprisonable offence with a firearm (1)

Section and Penalty

Answer 1

Section 198B(1)(a) CA61

10 years imp

Question 2

Commission of an imprisonable offence with a firearm

Ingredients

Answer 2

In committing any imprisonable offence

Uses any firearm

Question 3

In committing any imprisonable offence

Answer 3

Must be in the commission of an imprisonable offence

Any offence punishable by a term of imprisonment

Question 4

Uses

Of note only

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

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

Commission of an imprisonable offence with a firearm (2)

Section and Penalty

Answer 6

S198B(1)(b) CA61

10 years imprisonment

Question 7

Commission of an imprisonable offence with a firearm (2)

Elements

Answer 7

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 8

In circumstances that prima facie show an intention

Answer 8

Mere possession is not sufficient. There must be accompanying circumstances showing a prima facie intention to use the firearm in the commission of the imprisonable offence.

Prima facie the latin phrase “at first appearance”

Question 9

Has with him

Answer 9

There must be evidence that the defendant not only had possession, in the sense that he or she knowingly had custody or control of a firearm, but also that it was, at the time, available and at hand for him or her to use while committing the imprisonable offence.

Question 10

Commission of any imprisonable offence (1) liability

Answer 10

In committing any imprisonable offence
- imprisonable offence meaning
Uses any firearm
- uses meaning
- firearm meaning

Question 11

Commission of an Imprisonable offence (2) liability

Answer 11

198B(1)(b).  10yrs
While committing any imprisonable offence
- imprisonable offence meaning
Has any firearm with him or her
- has with him meaning
- firearm meaning
In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
-mere possession insufficient
-prima facie