Discharging a Firearm / Doing Dangerous Act with Intent

Question 1

What is the section and penalty for Discharges Firearm or Doing a Dangerous Act?

Answer 1

Discharges a Firearm or Dangerous Act - 198(1)(a)(b)(c)
14 years imprisonment

Discharges a Firearm or Dangerous Act - 198(2)
7 years

Question 2

What are the elements for section 198(1)

Answer 2

(1) With intent to GBH

(a) discharges any firearm, airgun, or other similar
weapon at any person OR
(b) sends or delivers to any person, or puts in place any
explosive or injurious substance or device. OR
(c) Set fire to any property.

Question 3

What are the elements for 198(2)

Answer 3

• With Intent to Injure (does the things set out in subsection (1). Intent also involves Reckless disregard for the safety of others.

Question 4

Define firearm?

Answer 4

Section 2 Arm Act 1983

Any weapon from which a bullet, shot, missile or any other projectile can be fired from by way of explosive.
Airgun is fired by compressed air. Specifically dangerous airgun.

Question 5

R v Pepeko?

Answer 5

A reckless discharge of a firearm in the general direction of a passerby who happens to get hit is not sufficient. The shot needs to be intended to hit a person.

Question 6

What is subsection (a)?

Answer 6

With intent to GBH

- Discharges any firearm, airgun or similar weapon at any person

Question 7

What is subsection (b)

Answer 7

With intent to GBH
- Sends or delivers to any person or puts or places
any explosive or injurious substance or device

Question 8

What is subsection (c) ?

Answer 8

With intent to GBH

- Set fire to any person

Question 9

What is injurious substance or device?

Answer 9

This covers a wide range of things that are capable of causing harm to a person. Example is anthrax in the mail to a political target.

Question 10

When is the offence complete?

Answer 10

Under section 198(1)(a) it is complete once the gun is fired however for b and c it is complete once the explosive or injurious substance is delivered or sent or placed or put somewhere. In relation to the explosive and injurious substance they have to be capable exploding or causing harm to people.

Question 11

Sets fire - what is it?

Answer 11

Fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting blistering of paint or significant smoke damage ,may be sufficient.

Question 12

In relation to 198(2) define injury?

Answer 12

Injury Section 2 Crimes Act 1961

Injure is to cause actual bodily injury.

R v Donovan