Firearm Offences

Question 1

Discharge

Answer 1

Means to fire or shoot

Question 2

Section 198(1)(a)

Answer 2

Discharging firearm with intent
14 years imprisonment

1. With intend to do GBH
2. Discharges any firearm OR airgun OR other similar weapon
3. At any person

Question 3

Section 198(1)(b)

Answer 3

Discharging firearm with intent
14 years imprisonment

1. With intent to do GBH
2. Send to any person OR delivered to any person OR put in any place.
3. Any explosive or injurious substance

Question 4

Section 198(1)(c)

Answer 4

Doing dangerous act within intent
14 years imprisonment

1. With intent to do GBH
2. Set fire to any property

Question 5

Section 198(2)

Answer 5

Discharges firearm/doing dangerous act with intent
7 years imprisonment

1. With intent to injure or reckless disregard
   A) discharges firearm OR airgun OR other similar weapon
   B) delivers put in place any explosive
   C) set fire to any property

Question 6

R v Pekepo

Answer 6

An intention to shoot that person must be established

Recklessness doesn’t apply.

Question 7

Firearm

Answer 7

Defined by section 2 of the arms act 1983

Force of explosion

Question 8

Airgun

Answer 8

Defined by section 2 arms act 1983

Force of compressor air

Question 9

Sets fire to

Answer 9

Burning
charring
melting
excessive smoke damage blistering of paint

Question 10

Section 198A(1)

Answer 10

Using firearm against law-enforcement
14 year imprisonment

1. Uses any firearm in any matter whatever.
2. Against any constable OR traffic officer OR prison officer.
3. Acting in course of his or her duty.
4. Knowing that or being reckless whether or not that person is X or acting.

Question 11

Section 198A(2)

Answer 11

Using any firearm against law-enforcement
7 years imprisonment

1. Uses any firearm in any matter whatever
2. With intent to resist the lawful arrest or detention of himself, herself or any other person.

Question 12

R v Swain

Answer 12

To deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by a police officer amounts to use of that firearm within section 198 a crimes act 1961

Question 13

Police v Parker

Answer 13

“ use in any matter whatever”

A situation short of actually firing the weapon or presenting the rifle

Question 14

Fisher v R

Answer 14

To establish a charge under section 198A(2), the crown must prove accused knew someone was attempting to arrest or detain him

Otherwise mens rea (resist lawful arrest) not established

Question 15

Section 198B(1)(a)

Answer 15

Commission of crime with firearm
10 years imprisonment

1. In committing any imprisonable offence
2. Uses any firearm

Question 16

Section 198B(1)(b)

Answer 16

Commission of crime with firearm
10 years imprisonment

1. While committing any imprisonable offence
2. Has any firearm with him or her
3. In circumstances that prima facie shows an intention to use it in connection with that imprisonable offence

Question 17

Prima facie

Answer 17

At first appearance

Question 18

R v Manapouri

Answer 18

Two or more people can be charged in regards to a single firearm of each had appropriate degree of control over it

Question 19

R v Kelt

Answer 19

Very close personal link and degree of immediate control over the weapon by the man alleged to have the firearm with him

Question 20

Tuli v Police

Answer 20

Prima facie circumstances are those which are sufficient to show or establish and intent in the absence of evidence to the contrary