Firearms

Question 1

R v Mohan

Answer 1

Intent involves a decision to bring about in so far as it lies within the accused’s power the commission of the offence.

Question 2

R v Waaka

Answer 2

A “fleeting or passing thought” is not sufficient; there must be a “firm intent of a firm purpose to effect an act”.

Question 3

DPP v Smith

Answer 3

Bodily harm needs no explanation and “grieves” means no more or no less then “really serious”.

Question 4

R v Pekepo

Answer 4

A reckless discharge of a firearm in the general direction a of a passer by who happens to be hit is not sufficient proof. An intention to shot that person must be established.

Question 5

R v Donovan

Answer 5

Bodily harm… includes any hurt or injury calculated to interfere with the health or comfort of the victim….it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Question 6

R v Harney

Answer 6

Foresight of dangerous consequence that could well happen together with an intention to continue the course of conduct regardless of the risk.

Question 7

Police v Parker

Answer 7

Use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing.

Question 8

R v Kelt

Answer 8

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 9

Tuli v Police

Answer 9

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