Firearms Flashcards
Discharging firearm or doing dangerous act with intent - section and elements
S198(1)(a) CA 1961
- With intent to do GBH
- Discharges any
- Firearm
- Airgun
- Other similar weapon
- At any person
Discharge firearm or doing dangerous act with intent - section and elements (explosives)
S198(1)(b) CA 1961
- With intent to do GBH
- Sends to any person or
- Delivers to any person,
- Or puts in any place - Any explosive or injurious substance
Using any firearm against law enforcement officer, etc - section and elements
S198A(1) CA 1961
- Uses any firearm in any manner whatever
- Against any
- Constable
- Traffic officer
- Prison officer
- Acting in the course of his or her duty
- Knowing that, or being reckless whether or not that the person is a constable, traffic officer, prison officer so acting
Using any firearm against law enforcement officer etc - section and elements (10 year)
S198A(2) CA 1961
- Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person
Commission of crime with firearm - section and elements
S198B(1)(a) CA 1961
- In committing any imprisonable offence
- Uses any firearm
Commission of a crime with firearm - section and elements (prima facie)
S198B(1)(b) CA 1961
- While committing any imprisonable offence
- Has any firearm with him or her
- In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
What is a firearm?
Defined in S2 Arms Act 1983
means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b)
includes—
(i)
anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
(ii)
anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of paragraph (a) or subparagraph (i); and
(iii)
anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being dismantled or partially dismantled; and
(iv)
any specially dangerous airgun
Mens rea for discharges firearm etc with intent to do GBH? (for the three relevant offences)
- Intent to do GBH
- Intent to injure
- Reckless disregard for safety of others
Actus reus for discharges firearm etc with intent to do GBH (for three offences)
- Discharging a firearm at a person
- Delivering explosives
- Setting fire to property
What does the case law R v Pekepo say about reckless discharge?
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 an explosive?
Defined in S2 Arms Act 1983
means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect; and
(b)
without limiting paragraph (a), includes gunpowder, nitroglycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions; and
(c)
without limiting paragraph (a) or paragraph (b), includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect; but does not include a firearm; and
What does R v Donovan say about actual bodily harm?
“Bodily harm” … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] … it need not be permanent but must, no doubt, be more than merely transitory or trifling
What does Police v Parker say about ‘in any manner’?
“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
What does R v Kelt say about having a firearm?
Kelt belt
Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him
What does R v Manapouri say about having a firearm?
More than one person might have the same weapon “with him” at the one time if each had the physical link and the necessary control
