Firearms Flashcards
What is 198(1)(A) CA1961?
This is a 14+ year offence…
Discharges a firearm or doing dangerous act with intent
- With intent to do GBH
- Discharges any firearm or airgun or other similar weapon
- At any person
What is 198(1)(B) CA1961?
This is a 14+ year offence, how does it differ from section 198(1)(A)?
Discharging a firearm or doing dangerous act with intent
- With intent to do GBH
- Send to any person or delivers, or, puts in any place
- Explosive or injurious substance
You have an offender with a 2W, who was stopped in a vehicle by PST staff on a night shift. He is placed under arrest for his warrant and when asked to step out of the vehicle, he has presented a firearm at the Constables.
What firearms charge could you consider?
Section 198A(2) CA1961 - Using a firearm against law enforcement officer
- Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person.
Section 198A(1) relates to what offence?
Using a firearm against a law enforcement officer - Acting in their course of duty
- Uses any firearm in any manner whatever
- Against any constable, law enforcement officer, prison officer
- Acting in course of their duty
- knowing that, or being reckless whether or not that the person is a constable, traffic officer, prison officer, so acting
Case law from R V PEKEPO, refers to what?
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.
What is stated in R V KELT?
Very close physical link/ degree of immediate control of a firearm - re has firearm with him.
What is defined as a firearm?
Anything which any shot, bullet, missile, projectile can be discharged by force of explosive.
What is an airgun?
An air rifle, pistol which air or gas creates pressure in order to discharge.
