Discharging a firearm with intent to GBH

Question 1

What is the act, section and penalty for discharging a firearm with intent to GBH

Answer 1

S198(1)(a) CA61

14 yrs

Question 2

What are the 3 elements?

Answer 2

1- With intent to do GBH
2- discharges any firearm, airgun or similar weapon
3- At any person

Question 3

In relation to intent to GBH what 3 points need to be covered?

Answer 3

Intent
- there are 2 specific types of intention in an offence. first there must be an intent to commit an act. Second an intent to get a specific result

GBH
- GBH can defined as harm that is really serious

DPP v Smith
- Bodily harm needs no explanation and grievous means no more or no less than really serious.

Question 4

What is the definition of discharge?

Answer 4

Discharges

- To discharge means to fire or shoot

Question 5

Explain what a firearm is plus the section?

Answer 5

Firearm S2 Arms Act 83
a- Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive. and
b- includes anything that has been adapted so that it can be used to discharge any of the above

Question 6

Explain what an airgun is plus the section?

Answer 6

Airgun S2 Arms Act 83
- Airgun includes any air rifle and air pistol and any weapon that uses gas or compressed air but not by force of explosive to discharge any shot, missile, or other projectile.

Question 7

Explain the understanding of a reckless discharge in relation in this offence and person? R v Pekepo

Answer 7

R v Pekepo
- A reckless discharge in the general direction of a passer-by who happens to be hit is not sufficient proof. There must be an intent to shoot that person.

Person
- Gender neutral proven by judicial notice or circumstantial evidence.