Firearms

Question 1

198(1)(a) ca61

Answer 1

With intent to cause GBH

Discharges any :

• Firearm
• Airgun
• Other similar weapon

At any person

Question 2

198(1)(b) ca61

Answer 2

With intent to do GBH

Sends or Delivers to any person
Or puts in any place

Any explosive or injurious substance

Question 3

Define firearm

Answer 3

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

Question 4

Define airgun

Answer 4

Any weapon which by the use of gas it compressed air, any shot, bullet, missile, or other projectile can be discharged.

Question 5

R v Pekepo

Answer 5

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 6

198(2)

Answer 6

-With intent to injure or with reckless disregard for the safety of others.

-Commits the acts within s198.
(Discharges any firearm)
(Sends, delivers, puts in place)

Question 7

198A(1)

Answer 7

Uses any firearm in any manner whatever

Against any:

• Constable
• Traffic officer
• Prison officer

Acting in the course of their duty.

Knowing that or being reckless whether or not that the person is a Constable, traffic officer, prison officer so acting.

Question 8

Police v Parker

Answer 8

“Use in any manner whatever” 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.

Question 9

S198B(1)(a)

Answer 9

In committing any imprisonable offence

Uses any firearm

Question 10

198B(1)(b)

Answer 10

While committing any imprisonable offence.

Has any firearm with him or her.

In circumstances that prima face show an intention to use it in connection with that imprisonable offence.

Question 11

R v Kelt

Answer 11

Having a firearm with him, requires a very close physical link and degree of immediate control over the weapon by the man alleged to have the firearm with him.