Discharging Fire Arm / Dangerous Act with Intent

Question 1

Criminal Liability for Discharging Firearm with intent

Answer 1

Discarging Firearm with intent to cause GBH - s198(1)(a)

• With intent
• To do GBH
• Discharges any firearm, airgun, or other similar weapon at any person.

Question 2

Criminal Liability for doing a dangerous act with intent (sending / delivering)

Answer 2

Doing A Dangerous Act with intent to cause GBH - s198(1)(b)

• With intent
• To do GBH
• Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device;

Question 3

Criminal Liability for doing a dangerous act with intent (setting fire to)

Answer 3

Doing A Dangerous Act with intent to cause GBH - s198(1)(c)

• With intent
• To do GBH
• Sets fire to any property.

Question 4

Criminal Liability for doing a discarging firearm or dangerous act with intent to injure

Answer 4

Discarging Firearm or Doing A Dangerous Act with intent to injure - s198(2) Crimes Act 1961

• With intent
• To injure (or) with reckless disregard for the safety of others
• Discharges any firearm, airgun, or other similar weapon at any person; or
  Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
  Sets fire to any property.

Question 5

R v Pekepo

Answer 5

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 6

Discharge

Answer 6

To fire or shoot

Question 7

Firearm

Answer 7

means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive

Question 8

Explosive

Answer 8

means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

Question 9

Injurious substance or device

Answer 9

covers a range of things capable of causing harm to a person

Question 10

Sets fire

Answer 10

Although fire damage will often involve burning or charring, it is not necessary that the property is set alight. Melting, blistering of paint or significant smoke damage may be sufficient to prove the offence.

Question 11

Property

Answer 11

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.