Discharging Firearm/Doing Dangerous Act with Intent

Question 1

Discharging a firearm with intent

Section and Penalty

Answer 1

Section 198(1)(a), Crimes Act 1961

14 years imprisonment

Question 2

Discharging a firearm with intent

Ingredients

Answer 2

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

Question 3

With intent to do GBH

Answer 3

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.

DPP vs Smith - Previous means no more or no less that really serious

Question 4

Firearm

Answer 4

Sec 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 5

Airgun

Answer 5

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 6

R v Pekepo

Answer 6

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 7

Doing dangerous act with intent

Section and Penalty

Answer 7

Section 198(1)(b) Crimes Act 1961

14 years imp

Question 8

Doing dangerous act with intentIngredients

Answer 8

With intent to do GBH

Sends or delivers to any person
or
Puts in any place

Any explosive
or
Injurious substance or device

Question 9

Sends to or Delivers

Of note only

Answer 9

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 10

Explosive

Answer 10

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

Sec.2, Arms Act 1983

Question 11

Injurious Substance or Device

Of note only

Answer 11

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 12

Completion of Offence

Of note only

Answer 12

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.

Question 13

Mens Rea and Actus Reus

Answer 13

Men Rea

• Intent to do GBH
• Intent to injure
• Reckless disregard for the safety of others

Actus Reus

• Discharging a firearm at a person
• Delivering explosives
• Setting fire to property

Question 14

Person

Answer 14

Gender neutral - proven by judicial notice and circumstantial evidence

Question 15

Doing dangerous act with intent

198(1)(c)

Answer 15

1. With intent to GBH
2. Sets fire
3. To any property

Question 16

Property

Answer 16

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

Question 17

Sets fire

Answer 17

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Question 18

Discharging a firearm with intent liability

Answer 18

With intent to do GBH
- Intent
- GBH meaning
- DPP v SMith
Discharges any firearm, air gun or similar weapon
- Discharge meaning
- Firearm meaning
- Airgun meaning
At any person
- R v Pekepo
- Person meaning

Question 19

Doing dangerous act with intent liability (explosive)

Answer 19

With intent to GBH
- Intent
- GBH meaning
- DPP v Smith
Sends or delivers to any person
- Sends or delivers meaning
- Person meaning
OR puts in any place
- Meaning
Any explosive
- Explosive meaning
OR injurious substance or device
- meaning
- completion of offence

Question 20

Doing dangerous act with intent (fire)

Answer 20

With intent to GBH
- intent
- GBH meaning
- DPP v Smith
Sets fire
- fire meaning
To any property
- property meaning