Discharging a firearm with intent - S198

Question 1

Discharging firearm or doing dangerous act with intent:

Intent to do GBH

Section/Penalty/Elements

Answer 1

CA61; S198(1)(a-c):
14 years imprisonment

(1) With intent to do GBH, -
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c ) Sets fire to any property.

Question 2

Discharging firearm or doing dangerous act with intent:

Intent to injure (or with reckless disregard for the safety of others)

Section/Penalty/Elements

Answer 2

Note: This is S198(2)

CA61; S198(2):
7 years imprisonment

(1) With intent to do GBH, -

(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c ) Sets fire to any property.

(2) With intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in ss(1) of this section.

Question 3

S192(1) Element 1
With intent to do GBH
What case laws and definitions for this element?

Answer 3

Definitions: Intent
Case Laws:
1) R v Collister
2) DPP v Smith

Question 4

S192(1)(a) Element
Discharges any firearm, airgun, or other similar weapon
What case laws and definitions for this element?

Answer 4

Define: Firearm
Define: Airgun

Question 5

S192(1)(a) Element
At any person
What case laws and definitions for this element?

Answer 5

R v Pekepo

Question 6

Definition: Intent

Answer 6

Deliberate act to get a specific result

Question 7

Case law:
R v Collister

Answer 7

R v Collister:
The actions/words before/during/after, the surrounding circumstances, and the nature of the act itself, infer intent

Note: Intent

Question 8

Case Law:
DPP v Smith

Answer 8

DPP v Smith:
GBH means really serious harm

Note: Causes GBH

Question 9

Case law:
R v Pekepo

Note: Discharge firearm….at any person

Answer 9

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.

Question 10

Firearm Definition

Answer 10

Arms Act 1983; S2:

Firearm -

a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
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; and
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) or subparagraph (i); and
iii) anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
iv) any specially dangerous airgun

Question 12

Airgun Definition

Answer 12

Arms Act 1983; S2:

Airgun includes -

a) any air rifle; and
b) any air pistol; and
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.

Question 13

Define Discharge

Answer 13

To fire or shoot

Question 14

When offence is complete for doing dangerous act with intent - 198(1)(b)

Answer 14

198(1)(b) - The offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place.

However, the substance must have the capacity to explode or cause injury