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 crime 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

very close physical link and a degree of immediate control

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 s198(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… capable 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.

Question 28

Explain R v Swain

Answer 28

deliberately or purposely removing a shotgun from a bag after being confronted by a Constable amounts to a use

Question 29

Explain Fischer v R

Answer 29

Crown must prove that the accused knew someone was attempting to arrest or detain him

Question 30

Under Section 2 of the Arms Act 1983, what are 6 features on a semi auto rifle that would classify it as a military style semi automatic rifle

Answer 30

Bayonet lugs 0.22 rimfire magazine capable of holding more than 15 cartridges any other magazine capable of holding more than 7 cartridges flash suppressor folding or telescopic butt pistol grip

Question 31

Under Section 2 of the Arms Act 1983, what is a pistol?

Answer 31

any firearm designed or adapted to be held and fired with one hand, and includes any firearm that is less than 762mm in length

Question 32

What section under the Arms Act 1983 is restricted weapon, who declares the weapon top be restricted and name 5 examples

Answer 32

Section 4 Governor General anti tank projectors incendiary grenades machine guns rocket launchers mortars and mines

Question 33

Explain Section 66 of the Arms Act 1983

Answer 33

every person in occupation of any land or building or the driver of any vehicle on which any firearm etc is found....is deemed to be in possession....unless he proves that it was not his property and that it was in the possession of some other person

Question 34

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

Answer 34

sets fire to any property

Question 35

What is the offence and elements for s198(2) CA 1961

Answer 35

with intent to injure or reckless disregard for the safety of others, does any of the acts mentioned in subsection (1) of s198 CA 1961

Question 36

What are the four offences covered in s198 CA1961

Answer 36

(1)with intent to do GBH (a)discharge any firearm, air gun or other similar weapon at any person (b)send to any person, deliver to any person, put in any place any explosive on injurious substance (c) sets fire to any property (2) with intent to injure any person or with reckless disregard for the safety of others

Question 37

You can set fire to your own property unless:

Answer 37

There is danger to life, or it is to obtain a benefit or cause loss to another person

Question 38

4 beliefs of claim to right

Answer 38

Beliefs in a possessory or proprietary right in property Belief in rights to the property Belief must be held at time of conduct Belief must actually be held by the defendant.

Question 39

Name the 5 steps in suspect enquiries

Answer 39

Motive Mens Rea Opportunity Connection with the scene and crime Character, mental background, history, movements and behaviour

Question 40

clothing that should be worn at scene

Answer 40

Helmet Nose and mouth filter Overalls Gloves Footwear with steel soles and caps

Question 41

8 people that should be interviewed

Answer 41

Owner/occupier of the house Person who last secured the house Person who found the fire Person who gave the alarm Bystanders People loitering Media Local police

Question 42

steps to preserve exhibits at the scene

Answer 42

Photograph it in situation, label the exhibits and preserve them in containers Use approved arson kits if available, if not use suitble containers Take control samples such as: Charred timber and ashes or debris from the seat of fire, any accelerant found near the scene, soil from the surrounding area

Question 43

The point of origin is x3

Answer 43

A component failed An accidental fire originated A fire was maliciously lit