Firearms

Question 1

Section 198 (1) (a), CA 61

Answer 1

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

Question 2

Section 198 (1)(b), CA61

Answer 2

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

Question 3

Section 198 (2)

Answer 3

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

Question 4

Section 198A(1),CA61

Answer 4

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

Question 5

Section 198A (2), CA61

Answer 5

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

Question 6

Section 198B (1)(a), CA61

Answer 6

Commission of crime with Firearm

Elements
– in committing any imprisonable offence
– uses any firearm

Question 7

Section 198B(1)(b), CA61

Answer 7

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

Question 8

DPP v Smith

Answer 8

GBH

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 9

R v Pekepo

Answer 9

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.

Question 10

R v Donovan

Answer 10

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.

Question 11

Cameron v R

Answer 11

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

Question 12

Police v Parker

Answer 12

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.

Question 13

R v Kelt

Answer 13

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’

Question 14

Tuli v Police

Answer 14

Prima Facie

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

Question 15

Firearm

Answer 15

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

Question 16

Mens rea and actus reus for section 198

Answer 16

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

Question 17

Discharge

Answer 17

To fire or shoot

Question 18

Intent to shoot victim

Answer 18

Must be an intention on the part of the defendant to shoot at that person

+ R v Pekepo

Question 19

Sends or delivers

Answer 19

They take their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier e.g. letter bomb

Question 20

Explosive

Answer 20

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

Question 21

Injurious substance or device

Answer 21

Covers a range of things capable of causing harm to a person

Question 22

When offence is complete section 198 (b)

Answer 22

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.

Question 23

Injure

Answer 23

Cause actual bodily harm

R v Donovan

Question 24

Uses in any manner whatever

Answer 24

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

Question 25

Acting in the course of duty

Answer 25

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

Question 26

Knowing that, or being reckless whether or not, that person is a member of the Police etc so acting

Answer 26

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

Question 27

Intent to resist lawful arrest or detention

Answer 27

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

Question 28

Has any firearm with him or her

Answer 28

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

Question 29

Section 66 arms act

Answer 29

Occupier of premises or driver a vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein