Firearms Flashcards
Elements: Crimes Act 1961, Section 198(1)(a)
Discharging firearm or doing dangerous act with intent
- With intent to do GBH
- Discharges any firearm or airgun or other simular weapon
- At any person
(S198(2) intent to injure and reckless charge)
Elements: Crimes Act 1961, Section 198(1)(b)
Discharging firearm or doing dangerous act with intent
- With intent to do GBH
- Sends to any person or delivers to any person or puts in any place
- Any explosive or injurious substance
Elements: Crimes Act 1961, Section 198A(1)
Using any firearms against law enforcement officer
- Uses any firearm in any manner whatever
- Against any Constable or Traffic Officer or 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 or Prison Officer so acting.
Elements: Crimes Act 1961, Section 198A (2)
Using any firearm against law enforcement officer, etc
- Used any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself of any other person
Elements: Crimes Act 1961, Section 198B(1)(a)
Commission of crime with firearm
- In committing any imprisonable offence
- Uses any firearm
Elements: Crimes Act 1961, Section 198B(1)(b)
Commision of crime with a firearm
- 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.
Definition: Firearm
Anything which any shot, bullet, missle, projectile can be discharged by force of explosive, including anything capable of being one, any dismantled firearm, any specially dangerous air gun.
Definition: Airgun
Air rifle, air pistol by the use of gas or compressed air
Definition: Discharge
To fire or shoot
Case Law: Intent to shoot victim
R v Pekepo
Case Law: Use in any manner whatever
Police v Parker
Definition: Explosive
a mixture of substances capable of decomposition at a rapid rate which results in explosion
Definition: Injurious substance or device
Things capable of causing harm, i.e anthrax
Offence complete when sent - but subtance needs to be capable of causing injury (not fake)
Definition: Knowing
Knowing means ‘correctly believing’.
The Defendant may believe something wrongly but can not know something that is false.
Simester and Brookbanks
Case Law: Has any firearm with him or her
R v Kelt
