Discharging Firearm/Doing Dangerous Act With Intent

Question 1

Discharging firearm or doing dangerous act with intent (1) liability

Answer 1

s198(1) CA 1961

• 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 of injurious substance or device; or
  (c) sets fire to any property

Question 2

Discharging firearm or doing dangerous act with intent (2) liability

Answer 2

s198(2) CA 1961

• with intent to injure OR with reckless disregard for the safety of others:
  (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 of injurious substance or device; or
  (c) sets fire to any property

Question 3

3x mens rea and 3x actus reus:

Answer 3

• intent to gbh
• intent to injure
• reckless disregard for the safety of others
• discharging forearm at a person
• delivery explosives
  0 setting fire to a property.

Question 4

Differences between subsections (1) and (2) of s198?

Answer 4

INTENT.

subs (1) intent is GBH
subs (2) intend to injure victim or acts with reckless disregard to the safety of others.

Question 5

R v Pekepo

Answer 5

A reckless discharge of a forearm 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 definition

Answer 6

To fire or shoot

Question 7

Firearm definition

Answer 7

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

Question 8

Airgun definition

Answer 8

any weapon from which, by the use of gas or compressed air, any shot, bullet, missile, or other projectile can be discharged

Question 9

Explosive definition

Answer 9

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 10

When are the offences 198(1)(a) and 198(1)(b) complete?

Answer 10

When an explosive of injurious substance or device is sent, delivered, or put in place.

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

Question 11

Property definition

Answer 11

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