Firearms

Question 1

Firearm definition

Answer 1

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive. And anything adapted, is not for the time being capable, anything dismantled or partially dismantled or any especially dangerous airgun.

Question 2

Airgun definition

Answer 2

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

Question 3

DDP v Smith

Answer 3

Bodily harm needs no explanation and ‘grievous’ means no more and no less than ‘really serious’.

Question 4

R v Pekapo

Answer 4

(Intent to shoot 198(1)(a)) - 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 5

Explosive

Answer 5

Means any substance or mixture or combo 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.
DOES NOT INCLUDE FIREWORK.

Question 6

Injure

Answer 6

Cause actual bodily harm. Can include psychiatric injury.

Question 7

R v Donovan

Answer 7

(Injure) - actual 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 be more than transitory and trifling.

Question 8

Uses in any manner whatsoever

Answer 8

It is sufficient that the defendant handled or manipulated the firearm so as to convey an implied threat of its further use against the police officer. It is not necessary that it was presented or discharged.

Question 9

Police v Parker

Answer 9

‘Use in any manner whatsoever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too. Can include the ways which they are not normally used, ie as a club.

Question 10

R v Kelt

Answer 10

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’.

Question 11

Tuli v Police

Answer 11

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