Discharging A Firarm With Intent Flashcards
Name the act and section:
Section 198(1)(a) Crimes Act 1961
What is the penalty for Discharging a Firearm with Intent?
14 years
Name the 3 ingredients for Discharging a Firearm with Intent:
- With intent to do grievous bodily harm
- Discharges any firearm, Airgun or similar weapon
- At any person
Define Intent:
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
Define Grievous Bodily Harm:
Grievous Bodily Harm can be defined simply as “harm that is really serious”.
According to DPP v Smith bodily harm and grievous mean..
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Define Discharges:
To discharge in this context means “to fire or shoot”
What is the definition of Firearm s2 Arms Act 1961:
Firearm
A) anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
includes
B) i) Anything that has been adapted
ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defect would be a firearm
iii) Anything dismantled or partially dismantled
iv) Any specially dangerous Airgun
Define Airgun S2 Arms Act 1961:
Airgun includes-
A) Any air rifle
B) Any air pistol
C) Any weapon from which by use of gas or compressed air (and not by force), any shot, bullet, missile, or other projectile can be discharged OR similar weapon
According to R v Pekepo is a reckless discharge that hits a person sufficient?
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Define Person:
Gender neutral. Proven by judicial notice or circumstantially
