Firearms

Question 1

Liability for: Discharging firearm or doing dangerous act with intent - Firearm

Answer 1

198(1)(a) Crimes Act 1961
With intent to do GBH
Discharges any;
- Firearm
- Airgun
- other similar weapon
At any person

Question 2

Liability for: Discharging firearm or doing dangerous act with intent - Explosive

Answer 2

198(1)(b) Crimes Act 1961
With intent to do GBH
- sends to any person, or,
- delivers to any person, or,
- puts in any place
Any Explosive or injurious substance or device

Question 3

Liability for: Discharging firearm or doing dangerous act with intent - Sets fire

Answer 3

198(1)(c) Crimes Act 1961
With intent to do GBH
Sets fire to any property.

Question 4

Liability for: Discharging firearm or doing dangerous act with intent - Injures

Answer 4

198(2) Crimes Act 1961
With intent to injure, or
With reckless disregard for the safety of others
- Discharges any firearm, airgun, or similar weapon at any person, or,
- sends or delivers to any person, or puts in any place, any explosive or injurious substance or device, or
- Sets fire to any property.

Question 5

Liability for: Using any firearm against Law Enforcement Officer, etc.

Answer 5

198A(1) Crimes Act 1961
Uses any firearm in any manner whatever,
Against any
- Constable
- Traffic officer
- 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 6

Liability for: Using any firearm against Law Enforcement Officer, etc. - Resist arrest

Answer 6

198A(2) Crimes Act 1961
Uses any firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself, or any other person.

Question 7

Liability for: Commission of a crime with firearm - uses

Answer 7

198B(1)(a) Crimes Act 1961
In committing any imprisonable offence
Uses any firearm

Question 8

Liability for: Commission of a crime with firearm - Possess

Answer 8

198B(1)(b) Crimes Act 1961
While committing an 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 9

Case law: Intent to do GBH firearm

Answer 9

R v Pekepo
An intention to deliberately shoot the victim must be established. 198(1)
Not sufficient for reckless

Question 10

Case law: Firearms - Uses in any manner what ever

Answer 10

Police v Parker
Uses in any manner what ever contemplates a situation short of actually firing the weapon, presenting firearm means same thing.

Question 11

Case law: Has with him - Firearm

Answer 11

R v Kelt
Having a firearm with him requires a very close physical link and degree of immediate control

Question 12

Case law: Prima Facie - Firearm

Answer 12

Tuli v Police
Prima facie circumstances are those that are sufficient to show or establish an intent in absence of evidence.

Question 13

Define Firearm

Answer 13

A firearm is anything that is capable of firing a bullet, shot, misile, or projectile by way of force of explosion.
- anything capable of being adapted to that
- anything with completion or adaption to that
- anything that is dismantled
- any specially dangerous airgun

Question 14

Define: Airgun

Answer 14

Any air rifle, air pistol or weapon that a shot, bullet, misile, or projectile can be fired by way of compressed gas or air.

Question 15

Define: Fire

Answer 15

Fire is a process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
(Blistering, melting, flames, smoke damage, charring)

Question 16

Case law: knowledge someone was attempting to arrest or detain

Answer 16

Fisher v R
Necessary for crown to prove the defendant knew someone was attempting to arrest or detain him.

Question 17

Case law: Deliberately remove firearm

Answer 17

R v Swain
To deliberately or purposely remove a firearm from a bag after being called upon by a Constable amounts to use of the firearm under 198A C.A 1961