Discharging Firearm/Doing Dangerous Act with Intent

Question 1

Discharging a Firearm with Intent

Section, Penalty, Ingredients

Answer 1

Discharging a Firearm with Intent
Section 198(1)(a) CA61
14 years imprisonment

With intent to do GBH

Discharges any firearm, airgun or similar weapon

At any person

Question 2

With intent to do GBH

Answer 2

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 can be defined as harm that is really serious.

Question 3

Firearm

Answer 3

Section 2, Arms Act 1983

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; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

Question 4

Airgun

Answer 4

Sec 2 Arms Act 1983

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 5

R v Pekepo

A reckless discharge…

Answer 5

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 6

Doing Dangerous Act with Intent

Section, Penalty, Ingredients

Answer 6

Doing Dangerous Act with Intent
Section 198(1)(b) Crimes Act 1961
14 years imprisonment

With intent to do GBH

Sends or delivers to any person
or
Puts in any place

Any explosive
or
Injurious substance or device

Question 7

Sends to or Delivers

Of note only

Answer 7

The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier

Question 8

Explosive

Answer 8

Section 2, Arms Act 1983
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,

Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks

Question 9

Injurious Substance or Device

Of note only

Answer 9

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target.

Question 10

Completion of Offence

Of note only

Answer 10

Although offences under section 198{1)(a) require the actual discharge of a firearm at a person, under section 198(1 ){b) it is not necessary for an explosion to occur; 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.