FIREARMS Flashcards
DISCHARGE
means to “to fire or shoot”
FIREARM DEFINITION
Any projectile discharged by force of explosive
AIRGUN
Any projectile discharged by compressed air
EXPLOSIVE
Any substance or mixture of substances which in its normal state is capable of of decomposition at a rapid rate resulting in explosion or pyrotechnic effect
INJURIOUS SUBSTANCE OR DEVICE
Booby trap or anthrax etc
ANY MATTER WHATEVER
POLICE V PARKER short of firing the weapon. Use in any manner whatever, the use of the firearm in ways in which they are not normally used such as using the firearm as a club.
KNOWING THAT…
Two part:
1. Offender must Know that/OR being reckless that the person is a cop and
2. They are acting in the course of duty.
SIMESTER and BROOKBANKS: Principles of Criminal Law
Knowing or correctly believing. The defendant may believe something wrongly but cannot “know” something that is false
RECKLESS
R V CAMERON
recklessness is established if the defendant recognised that there was a real possibility that:
1) his or her actions would bring about the proscribed result and/or
2) that the proscribed circumstances existed and having regard to that risk those actions were unreasonable
R V PEKEPO - Intent
COLLISTER
An intention to shoot that person must be established. A passer by who happens to get shot is not sufficient proof
R V DONAVAN - bodily harm
Includes any hurt or injury calculated to interfere with the health or comfort of the victim. Need not be permanent. More than trifling and transitory
SIMISTER AND BROOKBANKS: principals of criminal law
Knowing or correctly believing…the defendant may believe something wrongly but cannot “know” something that is false.
R V KELT
HAS ANY FIREARM WITH HIM OR HER
R V KELT
Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon
TULI V POLICE
Prima facie - sufficient to show intent in the absence of evidence to the contrary
