Firearms

Question 1

Discharging firearm or doing dangerous act with intent

Answer 1

Crimes act 1961 - section 198(1)(a)
- 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 (explosive or injurious substance)

Answer 2

Crimes act 1961 - section 198(1)(b)
- 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

Using any firearm against law enforcement officer

Answer 3

Crimes act 1961 - section 198A(1)
- Uses any firearm in any manner whatever
- Against any: - constable - traffic officer - prison officer
- Acting in the course of his or her duty 4
- 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, etc (with intent to resist arrest)

Answer 4

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

Question 5

Commission of a crime with a firearm

Answer 5

Crimes act 1961 - Section 198B(1)(a)
- In committing any imprisonable offence
- Uses any firearm

Question 6

Commission of a crime with a firearm (prima facie intention)

Answer 6

C.A. 1961 - 198B(1)(b)
- 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

Firearm

Answer 7

Section 2 Arms Act 1983

A firearm is anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive

Question 8

Airgun

Answer 8

Section 2 Arms Act 1983

Airguns is anything from which any shot, bullet, missile or other projectile can be discharged by gas or compressed air.

Question 9

Discharged

Answer 9

in the context means to fire or shoot

Question 10

R v Pekepo

Answer 10

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.

Question 11

Explosive

Answer 11

Section 2 Arms Act 1983

Any substance or mixture capable of decomposition to result in an explosion or pyrotechnic effect, excluding fireworks.

Question 12

‘sends’ or ‘delivers’

Answer 12

take their ordinary meanings and may include situations where the victim receives a dangerous thing by mail or courier, such as in the case of a letter bomb

Question 13

Injurious substance or device

Answer 13

covers a range of things capable of causing harm to a person; for example, a letter containing Anthrax powder that is mailed to a political target.

Question 14

Any matter whatever

Answer 14

Handling or manipulating a firearm in a manner that conveys an implied threat

Question 15

R v Swain

Answer 15

Purposefully removing a shotgun from a bag after being called on by a Constable, amounts to a use of that firearm.

Question 16

Acting in the course of his or her duty

Answer 16

Actions must include protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace.

Question 17

Knowing

Answer 17

The defendant must know the victim is a police officer and know that the officer is acting in the course of his or her duty or be reckless as to those facts.

Question 18

Intent to resist lawful arrest or detention

Answer 18

it must be proved that the defendant knew an attempt was being made to arrest or detain him or her, or the person he or she was assisting.

Question 19

Fisher v R

Answer 19

It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 20

Mere possession not sufficient

Answer 20

Mere possession is not sufficient; there must be accompanying circumstances showing a prima facie intention to use the firearm in the commission of the imprisonable offence.