Commission of an offence with a firearm

Question 1

Criminal Liability for Comission of Imprisonable Offence with Firearm (possesses)

Answer 1

Commission of an Imprisonable Offence with firearm - s198B(1)(b) Crimes Act 1961

• While comitting
• Any imprisonable offence
• Has any firearm
• With him or her
• In circumstances that prima facie show an intention to use it in conection with that imprisonable offence.

Question 2

Criminal Liability for Comission of Imprisonable Offence with Firearm (uses)

Answer 2

Commission of an Imprisonable Offence with firearm - s198B(1)(a) Crimes Act 1961

• In comitting
• Any imprisonable offence
• Uses
• Any firearm

Question 3

Imprisonable Offence

Answer 3

Any offence which is punishable by a term of imprisonment.

Question 4

Uses any firearm

Answer 4

The term 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

Has with him

Answer 5

Under this provision the offender must knowingly have the firearm with them – mere possession is insufficient.

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 6

Prima Facie

Answer 6

means ‘at first appearance”.

Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.