Firearms

Question 1

What is the offence and elements for s198(1)(a) CA 1961

Answer 1

Discharging a firearm or doing dangerous act with intent

With intent to do GBH

Discharges any:
firearm
airgun
other similar weapon

At any person

Question 2

What is the offence and elements for s198(1)(b) CA 1961

Answer 2

Discharging a firearm or doing dangerous act with intent

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

What is the offence and elements for s198A (1) CA 1961

Answer 3

Using any firearm against law enforcement officer etc

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, traffic officer or prison officer, so acting

Question 4

What is the offence and elements for s198A (2) CA 1961

Answer 4

Using any firearm against law enforcement officer etc

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

What is the offence and elements for s198B(1)(a)

Answer 5

Commission of crime with firearm

In committing any imprisonable offence

Uses any firearm

Question 6

What is the offence and elements for s198B(1)(b)

Answer 6

Commission of a crim with firearm

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

Advise the max term imprisonments for each of the 6 firearm liabilities

Answer 7

s198(1)(a) - 14

s198(1)(b) - 14

s198A(1) -14

s198A(2) - 10

s198B(1)(a) - 10

s1988B(1)(b) -10

Question 8

Name the case law relating to Discharging firearm or doing dangerous act with intent

Answer 8

DPP v Smith
R v McArthur/R v Donavan
R v Collister
R v Pekepo

Question 9

Name the case law relating to using any firearm against law enforcement officer

Answer 9

R V Parker
Cameron v R

Question 10

What is the case law relating to Commission of a crime with a firearm

Answer 10

R v Kelt
Tuli v Police

Question 11

Explain DPP v Smith

Answer 11

Bodily harm needs no explanation. Grevious means no more or no less than really serious.

Question 12

Explain R v Donovan/R v McArthur

Answer 12

Bodily harm includes hurt or injury calculated to interfere with the health or comfort of the victim. Need not be permanent however must be more than trifling or transient.

Question 13

Explain R v Collister

Answer 13

Circumstantial evidence can infer the offender’s intent

Words and actions before, during and after the event

The surrounding circumstances

nature of the act itself

Question 14

Explain R v Pekepo

Answer 14

A reckless discharge of a firearm in the general direction of a passerby who happens to be hit wis not sufficient proof. An intention to shoot the person must be established.

Question 15

Explain Cameron v R

Answer 15

Recklessness is established if the defendant believes there is a real possibility \

his/her actions would bring about the proscribed result

the proscribed circumstances existed

In regard to that risk, their actions were unreasonable

Question 16

Explain R v Parker

Answer 16

use in any manner whatever is to contemplate a situation short of firing the weapon

Question 17

Explain R v Kelt

Answer 17

“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 18

Explain Tuli v Police

Answer 18

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

Question 19

What does prima facie mean

Answer 19

on the face of it

Question 20

explain the three acts that can be used in s1918(1)(b)

Answer 20

sends to any person - courier or mail

delivers to any person - hands over

or puts in any place - leaving somewhere

Question 21

What is a firearm

Answer 21

anything from which a shot, bullet, missile, or other projectile can be discharged by force of explosive

Question 22

What does discharge mean

Answer 22

to fire or shoot

Question 23

What is an explosive

Answer 23

combination of substances which in its normal state is capable either of decomposition at such a rapid rate to result in an explosion or pyrotechnic effect

Question 24

When is s198(1)(b) complete

Answer 24

When the device is sent, delivered or put in place

Question 25

What is uses in any manner whatever mean

Answer 25

Range of acts that stop short of shooting the gun. Including being handled or manipulated to imply threat of its further use.

Question 26

Is it legal to walk to someone’s front door

Answer 26

Yes common law

Question 27

What is knowing?

Answer 27

Knowing means knowing or correctly believing, they may believe something wrongly but cannot know something is false.