FIREARMS

Question 1

DISCHARGING FIREARM OR
DOING DANGEROUS ACT WITH INTENT
198 (1) (a)

Answer 1

Section 198 (1) (a)

• With intent to do GBH
  (Intent - PEKEPO an intention to shoot that person must be established and COLLISTER)
  (GBH DPP V SMITH - really serious harm)
  (GBH - MCARTHUR any injury or hurt that interferes with the victims health or comfort. Must be more than unimportant or trivial need not be permanent)
• Discharges any
  Firearm
  Airgun
  Other similar weapon
  (Discharges - shoots or fires)
  (Firearm - any projectile discharged by force of explosive)
  (Airgun - any projectile by force of compressed air)
• At any person

Question 2

DISCHARGING FIREARM OR DOING DANGEROUS ACT WITH INTENT
198 (1) (b)

Answer 2

Section 198 (1) (b)

• With intent to do GBH
  (Intent PEKEPO & COLLISTER)
  Sends to any person OR
  Delivers to any person
  Puts in any place
• Any explosive or injuries substance

Question 3

USING ANY FIREARM AGAINST LAW ENFORCEMENT OFFICER ETC
Section 198A (1)

Answer 3

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
• Knowing that OR being reckless whether or not that the person is a constable OR traffic officer OR prison officer so acting

Question 4

USING ANY FIREARM AGAINST LAW ENFORCEMENT OFFICER ETC
Section 198A (2) CA

Answer 4

Section 198A (2) CA

• 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 CRIME WITH FIREARM
198B (1) (a)

Answer 5

Section 198B (1) (a)

• In committing any imprisonable offence
• Uses any firearm

Question 6

COMMISSION OF CRIME WITH FIREARM
198B (1) (b)

Answer 6

Section 198 (1) (b)

• While committing any imprisonable offence
• Has any firearm with him OR her
  (Has - R V KELT requires a very close physical link and a degree of immediate control over the weapon)
• In circumstances that Prima facie show an intention to use it in connection with that imprisonable offence

Question 7

PRIMA FACIE

Answer 7

“At first appearance”

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