Firearms Flashcards
What is the offence and elements for s198(1)(a) CA 1961
Discharging a firearm or doing dangerous act with intent
With intent to do GBH
Discharges any:
firearm
airgun
other similar weapon
At any person
What is the offence and elements for s198(1)(b) CA 1961
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
What is the offence and elements for s198A (1) CA 1961
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
What is the offence and elements for s198A (2) CA 1961
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
What is the offence and elements for s198B(1)(a)
Commission of crime with firearm
In committing any imprisonable offence
Uses any firearm
What is the offence and elements for s198B(1)(b)
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
Advise the max term imprisonments for each of the 6 firearm liabilities
s198(1)(a) - 14
s198(1)(b) - 14
s198A(1) -14
s198A(2) - 10
s198B(1)(a) - 10
s1988B(1)(b) -10
Name the case law relating to Discharging firearm or doing dangerous act with intent
DPP v Smith
R v McArthur/R v Donavan
R v Collister
R v Pekepo
Name the case law relating to using any firearm against law enforcement officer
R V Parker
Cameron v R
What is the case law relating to Commission of a crime with a firearm
R v Kelt
Tuli v Police
Explain DPP v Smith
Bodily harm needs no explanation. Grevious means no more or no less than really serious.
Explain R v Donovan/R v McArthur
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.
Explain R v Collister
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
Explain R v Pekepo
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.
Explain Cameron v R
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
Explain R v Parker
use in any manner whatever is to contemplate a situation short of firing the weapon
Explain R v Kelt
very close physical link and a degree of immediate control
Explain 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
What does prima facie mean
on the face of it
explain the three acts that can be used in s198(1)(b)
sends to any person - courier or mail
delivers to any person - hands over
or puts in any place - leaving somewhere
What is a firearm
anything from which a shot, bullet, missile, or other projectile can be discharged by force of explosive
What does discharge mean
to fire or shoot
What is an explosive
combination of substances… capable of decomposition at such a rapid rate to result in an explosion or pyrotechnic effect
When is s198(1)(b) complete
When the device is sent, delivered or put in place
What is uses in any manner whatever mean
Range of acts that stop short of shooting the gun. Including being handled or manipulated to imply threat of its further use.
Is it legal to walk to someone’s front door
Yes common law
What is knowing?
Knowing means knowing or correctly believing, they may believe something wrongly but cannot know something is false.
Explain R v Swain
deliberately or purposely removing a shotgun from a bag after being confronted by a Constable amounts to a use
Explain Fischer v R
Crown must prove that the accused knew someone was attempting to arrest or detain him
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
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
Under Section 2 of the Arms Act 1983, what is a pistol?
any firearm designed or adapted to be held and fired with one hand, and includes any firearm that is less than 762mm in length
What section under the Arms Act 1983 is restricted weapon, who declares the weapon top be restricted and name 5 examples
Section 4
Governor General
anti tank projectors
incendiary grenades
machine guns
rocket launchers
mortars and mines
Explain Section 66 of the Arms Act 1983
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
What is the offence and elements for s198(1)(c) CA 1961
sets fire to any property
What is the offence and elements for s198(2) CA 1961
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
What are the four offences covered in s198 CA1961
(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
You can set fire to your own property unless:
There is danger to life, or it is to obtain a benefit or cause loss to another person
4 beliefs of claim to right
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.
Name the 5 steps in suspect enquiries
Motive
Mens Rea
Opportunity
Connection with the scene and crime
Character, mental background, history, movements and behaviour
clothing that should be worn at scene
Helmet
Nose and mouth filter
Overalls
Gloves
Footwear with steel soles and caps
8 people that should be interviewed
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
steps to preserve exhibits at the scene
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
The point of origin is x3
A component failed
An accidental fire originated
A fire was maliciously lit
