Discharging Firearm/Doing Dangerous Act with Intent Flashcards
Discharging a firearm with Intent
Section and penalty
Section 198(1)(a), Crimes Act 1961
14 years imprisonment
Discharging a firearm with intent
Ingredients
- With intent do GBH
- Discharges any firearm, airgun or similar weapon
- At any person
Define ‘with intent to do GBH’
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.
Define ‘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
Define ‘Airgun’
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
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.
Doing dangerous act with intent
Section and Penalty
Section 198(1)(b) Crimes Act 1961
14 years imprisonment
Doing dangerous act with intent Ingredients
- With intent to do GBH
- Sends or delivers to any person OR puts in any place
- Any explosive OR Injurious substance or device
Define ‘Explosive’
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
Completion of Offence - Of note only
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.
What are the three offences under section 198(1) CA 1961 - Discharging Firearm or Doing Dangerous Act with Intent
a) Discharges any firearm, airgun or other similar weapon at any person OR
b) Send or delivers to any person or puts in any place, any explosive or injurious substance or device OR
c) Sets fire to any property
Define injurious substance or device
Covers a range of things capable of causing harm to a person.
Examples include: Boiling water, a letter containing anthrax, a barbed wire fence connected to an electric fence unit (switched on)
