Firearms

Question 1

What are the elements of Discharging firearm or doing dangerous act with intent section 198(1)(a)

Answer 1

-With intent to do GBH
-discharges any firearm or air gun or other similar weapon
- at any person

Question 2

What are the elements of discharging firearm or doing dangerous act with intent section 198(1) (b) crimes act 1961?

Answer 2

-With intent to do GBH
-sends to any person or delivers to any Person or puts in any place
-any explosive or injurious substance

Question 3

What are the elements of using any firearm against law enforcement officer ect section 198A(1) crimes act 1961?

Answer 3

-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 where or not that person is a constable, traffic officer, prison officer so acting

Question 4

What are the elements of using any firearm against law enforcement ect section 198A(2) crimes act 1961?

Answer 4

-uses any firearm in any manner whatever
-with intent to resist the lawful arrest or detention of himself or any other person.

Question 5

What are the elements of commission of crime with firearm section 198B(1)(a) crimes act 1961?

Answer 5

-In committing any imprisonable offence
-uses any firearm

Question 6

What are the elements of commission of crime with a firearm section 198B(1)(b) crimes act 1961?

Answer 6

-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

Question 7

R v Pekepo

Answer 7

Under section 198(1)(a) discharging firearm or doing dangerous act an intention to shoot the person mush be established.

Question 8

R v Swain

Answer 8

Use in any manner whatever includes any threats to use it.

Question 9

Police V Parker

Answer 9

In any manner whatever is to contemplate a situation short of actually firing it and would include presenting it

Question 10

Fisher v R

Answer 10

In order to establish a charge under section 198(A)(2) resting lawful arrest of detention it must be proven that the accused know that someone was attempting to arrest or detain him

Question 11

Tuli V Police

Answer 11

S198B(1) (b) Prima facie circumstances are those which are sufficient to show or establish an intent in absence of evidence to the contrary.

Question 12

R v Kelt

Answer 12

S198B(1)(b) 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 13

R v Cox

Answer 13

Possession requires two parts, physical control over the item and the mental knowledge of the item.

Question 14

A firearm is?

Answer 14

Anything from which any projectile can be discharged by force of explosion (section 2 arms act 1983)

Question 15

Acting in the course of his or her duty.

Answer 15

Keeping the peace
Public safety
Law enforcement
Crime prevention
Community support
National security
Emergency management