Discharges Firearm or Doing Dangerous Act with intent S198(2)(a) CA61 Flashcards
What are the elements to S198(2)(a) CA61
- With intent to injure/or with reckless disregard for the safety of others
- Discharges Firearm/Airgun/other similar weapon
- At any person
Intent
There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE
R v Collister
Circumstantial evidence of the offender’s intent may be inferred by:
- The offender’s actions and words before, during and after the event
- Surrounding circumstances
- The nature of the act itself
R v Taisalika
The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.
Define Reckless Disregard
While it is necessary to prove the defendant foresaw the risk, it it not necessary that he/she recognised the extent of the injury that would result
What must be proved regarding recklessness
Subjective test: The defendant was aware of the risk and proceeded regardless
Objective test: It was unreasonable for him/her to run that risk.
Cameron v R
Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) His/her actions would bring about a proscribed result and/or
(ii) The prescribed circumstances existed and
(b) Having regard to that risk, those actions were unreasonable
Define Injure S2 CA61
To injure means to cause actual bodily harm
Define Actual Bodily Harm
Actual Bodily harm may be internal or external, and it need not be permanent or dangerous.
Note: In R v Chan-fook, actual bodily harm includes psychiatric injury, if medical evidence confirms and identifiable clinical condition
R v Donovan
Bodily Harm…..includes any hurt or injury calculated to interfere with the health or comfort of the victim….it need not be permanent, but must, no doubt, be more than merely transitory and trifling
Define Firearm S2 Arms Act 83
Means anything from which any shot, bullet, missile, or other projectile cane be discharged by force of explosive
Define Firearm and Airgun
As defined in S2 Arms Act 83, the primary difference between the two are that a firearm acts by force of explosive whereas an airgun acts by force of compressed air
R v Pekepo
A reckless discharge of a firearm in the general direction of passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Define Offence completion S198(1)(a) CA61
- (a) require the actual discharge of a firearm at a person
Define Person S2 CA61
This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant