Firearms Flashcards
Firearm: Section, Act, Definition
Section 2(1) Arms Act 1983
Means anything friend which any shot, bullet, missile, or other projectile can be discharged by force of explosive, and includes anything adapted so that it can be used to discharge a shot… anything which is not for the time being capable but would fit the definition upon its completion… anything that fits the definition and is for the time dismantled… any specially dangerous air gun.
Air gun: Section, act, definition
Section 2(1) Arms Act 1983
Includes:
a) any air rifle
b) any air pistol
c) any weapon from which, by the use of compressed air (not explosive), any shot, bullet, missile, or other projectile can be fired.
Discharging firearm or doing dangerous act with intent. Section, Act, Elements
Section 198, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grevious bodily harm:
a) discharges any firearm, air gun, or other similar weapon at any person b) sends or silvers to any person, or puts in any place, any explosives or injurious substance or device, or c) sets fire to any property
(2) Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1)
What level of injury is required for a charge under section 198 of the Crimes Act 1983?
It is not necessary under section 198 to prove that the victim suffered actual bodily harm, just that the offender intended to cause GBH, injury, or had reckless disregard for the safety of others.
Case Law: DDP vs Smith
“Bodily harm” needs no explanation and “grevious” means no more or no less that “really serious”.
Discharge: definition
Discharge means to fire or shoot.
Case Law: R v Pekepo
In relation to a charge under section 198(1)(a), Discharging firearm with intent to cause GBH, 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.
Explosive: Section, act, definition
Section 2(1) Arms Act 1983
a) 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;
b) includes gunpowder, nitroglycerin, 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
c) includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition 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
d) Does no include any firework
Property: Section, Act, Definition
Section 2(1) Crimes Act 1961
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Injure: Section, Act, Definition
Section 2 (1) Crimes Act 1961
to injure means to cause actual bodily harm.
In relation to this material, what could be an appropriate charge for someone who sends an intended victim a “letter bomb”, or a package containing anthrax by mail?
Doing a dangerous act with intent to cause GBH
S198(1)(a) Crimes Act 1961
A “letter bomb” fits the definition of an explosive device. Anthrax is an injurious substance. In both cases, it can be argued that the intended outcome is really serious bodily harm.
Case Law: R v Donovan
“Bodily Harm” includes any hurt or injury calculated to interfere with the health or comfort of the victim, in need not be permanent but must, no doubt, be more than transitory and trifling.
Case Law: Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result
(ii) the proscribed circumstances existed
(b) having regard to that risk those actions were unreasonable
Using a firearm against law enforcement officer: Section, Act, Elements
Section 198A, Crimes Act 1961
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who:
- uses any firearm in any manner whatever
- against any constable or any traffic officer, or any prison officer,
- acting in the course of his or her duty
- knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.
(2) Every is liable to imprisonment for a term not exceeding 10 years who:
- uses any firearm in any manner whatever
- with intent to resist the lawful arrest or detention of himself or herself or of any other person.
Case Law: Police v Parker
“Use in any matter 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.
