Firearms Flashcards
Section 198 (1) (a), CA 61
Discharging firearm or doing dangerous act with intent
Elements
-With intent to GBH
-Discharges any firearm or airgun or other similar weapon
-At any person
Section 198 (1)(b), CA61
Discharging firearm or doing dangerous act with intent
Elements
-with intent to GBH
Sends to any person
Delivers to any person
Or puts in any place
-any explosive or injurious substance
Section 198 (2)
Everyone is liable to imprisonment for a term not exceeding seven years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection one
Section 198A(1),CA61
Using a firearm against law enforcement
Elements
– 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 person is a constable, traffic officer, prison officer so acting
Section 198A (2), CA61
Using any firearm against Law enforcement officer etc
Elements
– Uses any firearm in any manner whatever
– with intent to resist the lawful arrest or detention of himself, herself or any other person
Section 198B (1)(a), CA61
Commission of crime with Firearm
Elements
– in committing any imprisonable offence
– uses any firearm
Section 198B(1)(b), CA61
Commission of crime with firearm
Elements
– while committing any imprisonable offence
– has any firearm with her or him
-in circumstances that prima facie show an intention to use it in connection with that imprisonable offence
DPP v Smith
GBH
Bodily harm needs no explanation and grievous means no more and no less than really serious
R v Pekepo
Intent to shoot victim
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
R v Donovan
Actual bodily harm
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It may not be permanent but must, no doubt, be more than merely transitory or trifling.
Cameron v R
Recklessness is established if;
a) the defendant recognised that there was a real possibility that
i) his actions would bring about the proscribed result and or
ii)that the proscribed circumstances existed AND
b) having regard to that brisk those actions were unreasonable
Police v Parker
Uses in any manner whatever
‘Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing.
R v Kelt
Has any firearm with him/her
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’
Tuli v Police
Prima Facie
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary
Firearm
As defined by section 2 CA
Means anything from which any shot bullet missile or other projectile can be discharged by force of explosion and…
Etc
Etc
– Specially dangerous airgun
Mens rea and actus reus for section 198
Mens rea
– intent to do GBH
– intent to injure
– reckless disregard for the safety of others
Actus Reus
– discharging a firearm at a person
– delivering explosives
– setting fire to property
Discharge
To fire or shoot
Intent to shoot victim
Must be an intention on the part of the defendant to shoot at that person
+ R v Pekepo
Sends or delivers
They take their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier e.g. letter bomb
Explosive
Este defined in section 2 of the crimes act
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect
Does not include fireworks
Injurious substance or device
Covers a range of things capable of causing harm to a person
When offence is complete section 198 (b)
It is not necessary for an explosion to occur the offence is complete when the substance or device is sent delivered or put in place.
The substance must have the capacity to explode or cause injury.
Injure
Cause actual bodily harm
R v Donovan
Uses in any manner whatever
Includes a range of acts that stop short of actually shooting.
It is sufficient if the defendant has handled or manipulated the firearm so as to convey an implied threat of its further use against the officer.
It is not necessary that the firearm was presented or discharged.
Police v Parker
Acting in the course of duty
Every lawful act a constable does while on duty it may include acts done where the circumstances create a professional obligation for a constable to exercise policing powers while off duty
Does not apply if officer acting unlawfully eg unlawful trespassing
Knowing that, or being reckless whether or not, that person is a member of the Police etc so acting
So water and brookbanks, principles of criminal law
Knowing means “knowing or correctly believing “, the defendant may believe something wrongly but cannot ‘know’ something that is false
Intent to resist lawful arrest or detention
S198A(2) it is necessary 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
Has any firearm with him or her
The offender must knowingly have the firearm with him
He or she must knowingly have custody or control and it to be available at the time or at hand to use while committing the imprisonable offence
Section 66 arms act
Occupier of premises or driver a vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein
