Firearms

Question 1

Discharging Firearm or Doing a Dangerous Act with Intent

Answer 1

Section 198(1)(a) Crimes Act 1961
- with intent to do GBH
- Discharges any: firearm, airgun, other similar weapon
- at any person

Question 2

Discharging Firearm or Doing Dangerous Act with Intent (198(1)(b))

Answer 2

• With intent to do GBH
• a) sends to any person, or
  b) delivers to any person
  c) or puts in any place
• any explosive or injurious substance

Question 3

Using any Firearm against Law Enforcement Officer

Answer 3

Section 198A(1) Crimes Act 1961
- uses any firearm in any manner whatever
- against a Constable, 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, prison officer so acting

Question 4

Using any Firearm against Law Enforcement Officer

Answer 4

Section 198A(2) Crimes Act 1961
- uses any firearm in any manner whatever
- with intent to resist the lawful arrest or detention of themself or any other person

Question 5

Commission of Crime with Firearm

Answer 5

Section 198B(1)(a) Crimes Act 1961
- in committing any imprisonable offence
- uses any firearm

Question 6

Commission of Crime with Firearm

Answer 6

Section 198B (1)(b) Crimes Act 1961
- while committing any imprisonable offence
- has any firearm with them
- in circumstances that Prima facie show an intention to use it in connection with that imprisonable offence

Question 7

Firearm definition

Answer 7

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive

Question 8

Airgun definition

Answer 8

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

Question 9

R v SWAIN

Answer 9

Although the offender didn’t point the gun at the officer, it was held that his actions in taking the shotgun out of the bag in plain view of the Constable amounted to the ‘use’ of the firearm

Question 10

POLICE v PARKER

Answer 10

“Use in any manner whatever” is to contemplate a situation short of actually firing the weapon and to present…

Question 11

Discharge definition

Answer 11

To fire or shoot

Question 12

R v PEKEPO

Answer 12

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. And intention to shoot that person must be established.

Question 13

R v KELT

Answer 13

Very close physical linkage/degree of immediate control of firearm - re. has the firearm with him

Question 14

TULI v POLICE

Answer 14

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

Question 15

Injurious substance or device

Answer 15

Things capable of causing harm

Question 16

Define explosive

Answer 16

Substance/mixture which in normal state can decompose/explode or produce a pyrotechnic effect i.e gunpowder, dynamite, flares etc.

Question 17

R v CAMERON

Answer 17

188(2) & 189(2)

Recklessness is established if;
1. Recognition that actions would bring about the proscribed result
AND/OR
2. The proscribed circumstances were reasonable

AND
Having regard to that risk the actions were unreasonable

Question 18

R v COLLISTER

Answer 18

Intent can be derived from actions/words, surrounding circumstances