FIREARM OFFENCES Flashcards
Discharging a firearm with intent
Section 198 (1) (A), crimes act 1961
14 years
Criminal liability
- with intent to do grievous body harm
- discharges any firearm,airgun or similar weapon
- at any person
Criminal liability
Doing dangerous act with intent
Section 198 (1) (B), crimes act 1961
14 years
- with intent to do grievous body harm
- sends or delivers to any person or puts in any place
- any explosive or injurious substance or device
Criminal liability Doing dangerous act with intent section 198 (1) (c) crimes act 1961 14 years
- with intent to do GBH
- Sets fire
- to any property
Criminal liability
Uses any firearm against law-enforcement officer
Section 198A (1), crimes act 1961
14 years
1.uses any firearm in any manner what ever
2.against any constable
Or any traffic officer
Or any police officer
Acting in the course of his or her duty.
3. knowing that or
Being reckless whether or not
That the person is a constable or traffic officer or prison officer so acting
Criminal liability
Commission of an imprisonable offence with a firearm
Section 198B (1) (A), crimes act 1961
10 years
- in committing any imprisonable offence
2. uses any firearm
Define intent
A p does s I if t m to do it, they d a s r and act w the a o p of a it.
R v Mohan
I involves a d t b a, in so f as it lies w the a p, the c of the o.
R v Waaka
A f or p t is not s, there m b a f intent or a f p t e and a.
DPP V Smith
B H
B h n no e and g m no more and n l than r s.
Definition of a firearm
Firearm
(A) means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive and
(B) includes
(1) anything that has been adapted so that it can be used to discharge a shot, wallet, missile, or other projectile by force of explosive
(2) anything which is not for the time being capable, but which by its completion or the replacement of any component parts or parts or the correction or repair of any defects would be firearm within the meaning of (a).
(3) anything being a firearm within the meaning of paragraph (a)which is for the time being dismantled or partially dismantled.
(4) any specially dangerous Airgun
Definition
What is an airgun?
Section 2, arms act 1983
Airgun Includes,
(A) any air rifle
(B) Any air pistol
(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.
Definition
What is an explosive?
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Includes gunpowder, gelignite, detonators
Does not include firearms,fireworks
Section 2, arms act 1983
Proofing intention with firearms
Caselaw
R v Pekepo
Reckless discharge of a firearm in the general direction of a passerby who happens to be hurt is not sufficient proof. An intention to shoot that person must be established.
In firearms legislation
Define “uses in any matter whatever”
The primary meaning of the word “use” in relation to a firearm is to fire it, however the words in “any manner whatever,”widen the definition to include a range of acts that stop short of actually shooting at an officer.
Uses in any manner whatever
Caselaw
Police v Parker
Uses in any manner what ever is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing.
