Discharging a Firearm with Intent Flashcards
Discharging a Firearm with Intent
Section 198 (1) (a) Crimes Act 1961
Penalty
14 years
Elements
- With intent to do grievous bodily harm
- Discharges any firearm, airgun or similar weapon
- At any person
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.
GBH
Grievous bodily harm - simply “harm that is really serious”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Discharges
“to fire or shoot”
What is a Firearm?
(a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
(b) Includes:
- (i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive
- (ii) Anything which is not for the time being capable of discharging any shot bullet missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) or this paragraph
- (iii) Anything (being a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph) which is for the time being dismantled or partially dismantled and
- (iv) Any specially dangerous air gun.
Section 2, Arms Act 1983
What is an Airgun?
a) any air rifle
b) any air pistol
c) any weapon from which by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged.
Section 2, Arms Act 1983
R v Pekepo
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.
Person
Gender Neutral. Proven by judicial note or circumstantially.