*Discharging Firearm or Doing Dangerous Act with Intent - s198(1)(a)(b) & (c)

Question 1

Discharging Firearm or Doing Dangerous Act With Intent
- s198(1) Crimes Act 1961
- 14yrs

Answer 1

• With intent to do GBH
• (a) Discharges any firearm, airgun, or other similar weapon at any person
• (b) Sends or delivers to any person, or puts in place, any explosive or injurious substance or device
• (c) Sets fire to any property

Question 2

With intent to do GBH

Answer 2

Intent:
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

Discharge

Answer 3

To fire or shoot.

Question 4

Firearm
- s2 Arms Act 1983

Answer 4

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

Includes:

• Anything that’s been adapted so it can discharge a S/B/M/OP by force of explosive
• Anything which is not for the time being capable of discharging a S/B/M/OP but which, by its completion or the replacement of any component, or repair of any defect, would be a firearm
• Anything which is for the time being dismantled or partially dismantled
• Any specially dangerous airgun

Question 5

Airgun
- s2 Arms Act 1983

Answer 5

Airgun includes:

• Any air rifle
• Any air pistol
• Any weapon from which, by the use of gas or compressed air (and not by force of explosive,) a S/B/M/OP can be discharged.

Question 6

PEKEPO
- Intention to shoot

Answer 6

A reckless discharge of a firearm in the general direction of a passer-by who happens to get hit is not sufficient proof.

An intention to shoot that person must be established.

Question 7

Sends to or delivers

Answer 7

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

Question 8

Explosive
- s2 Arms Act 1983

Answer 8

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

Includes: Gun powder, gelignite, detonators

Doesn’t include: Firearms, fireworks.

Question 9

Injurious substance or device

Answer 9

Includes a range of things capable of causing harm to a person.

E.g. A letter containing anthrax powder sent to a politician.

Question 10

When is the offence complete

Answer 10

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

Must have the capacity to explode or cause injury.

Question 11

Sets fire

Answer 11

Although fire damage will often involve burning or charring, it’s not necessary that the property is set alight.

Melting, blistering of paint or significant smoke damage may be sufficient to prove the offence.

Question 12

Discharging Firearm or Doing Dangerous Act with Intent
- s198(2) Crimes Act 1961
- 7yrs

Answer 12

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in ss(1) of this section.

Question 13

3 options of Mens Rea / Actus Reus

Answer 13

Mens 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.