Criminal Use Of Firearms

Question 1

Define possession of firearm with intent to endanger life
Section 16 indictable only life

Answer 1

Cannot be imitation firearm; must prove D behaved in a way that would endanger life

Question 2

For possession of a firearm with intent to endanger life can this include imitation firearms?

Answer 2

No

Question 3

Define possession with intent to cause fear of violence

Answer 3

Firearms OR imitation firearm with intent by a) means therefore to cause or b) enable another person to believe unlawful violence will be used against them

Question 4

Does the firearm need to be shown for ‘possession with intent to cause fear or violence’

Answer 4

No

Question 5

What are the two types of imitation firearms?

Answer 5

General imitations; those which have the appearance of a firearm
Imitation of a section 1 firearm; have the appearance and can be readily converted into one

Question 6

Does an imitation firearm include your hand?

Answer 6

No

Question 7

Define using a firearm to resist arrest
Section 17 firearms act indictable only life imprisonment

Answer 7

Make or attempt to make use of a firearm or imitation with intent to resist or prevent the lawful arrest of self or other

Question 8

What do you need to prove with using a firearm to resist arrest?

Answer 8

That the defendant had it on them at the time

Question 9

Define having a firearm with intent to commit an indictable offence or resist arrest
Section 18 firearms act - life imprisonment

Answer 9

Have with them a firearm or imitation with intent to commit an indictable offence, or to resist arrest or prevent arrest of another

Question 10

Main difference between using a firearm to resist arrest and having a firearm with intent to commit an indictable offence or resist arrest

Answer 10

The second can also cover unlawful arrests whereas the first one just covers lawful

Question 11

Define possessing a firearm whilst committing a schedule 1 offence
Section 17 firearms act, indictable only, life

Answer 11

Two ways to commit offence:
1) possession of a firearm when arrested for schedule 1
2) possession of a firearm when committing schedule 1

Question 12

For the crime possessing a firearm whilst committing a schedule 1 offence, do they need to actually be convicted of the schedule 1 offence?

Answer 12

No

Question 13

What are the schedule 1 offences (acronym - 5 letters)

Answer 13

A - abduction of child
C - criminal damage
T - theft, burglary, robbery, TWOC, blackmail
O - offences against the person
R - rape and other sexual offences

Question 14

Are GBH and GBH with intent included in a section 1 offence?

Answer 14

Just GBH, GBH with intent isn’t included

Question 15

What firearm offence do you not need to have the firearm at the actual crime, just when they’re arrested is enough?even if it’s 2 weeks later

Answer 15

Possessing a firearm whilst committing a schedule 1 offence

Question 16

Define the two different types of trespassing with a firearm

Answer 16

Has a firearm/ imitation and enters a building/part as a trespasser without reasonable excuse
Has a firearm/ imitation and enters or is on any land as a trespasser without reasonable excuse

Question 17

Define having with them a firearm or imitation firearm in a public place
Section 19 either way 7 years or summary for imitation

Answer 17

Without lawful authority or reasonable excuse has with them in a public place a firearm

Question 18

For having a firearm or imitation in a public place, is the firearm enough or do you also need ammunition?

Answer 18

Need both for a firearm