Firearms Flashcards
Discharging firearm or doing dangerous act with intent to cause GBH - Section 198 (1)(a), (b) and (c) CA 61
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
(a) discharges any firearm, airgun, or other similar weapon at any person; or
(b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) sets fire to any property.
Discharging firearm or doing dangerous act with intent to injure - Section 198 (2) CA 61
(2)Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1)
Using firearm against law enforcement - Section 198A (1) CA 61
(1) Everyone is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.
Using firearm against law enforcement - Section 198A (2) CA 61
(2) Everyone is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.
Commission of an imprisonable offence with a firearm - Section 198B CA 61
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who,—
(a) in committing any imprisonable offence, uses any firearm; or
(b) 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.
What was held in R v PEKEPO
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
What was held in Police v PARKER
Uses in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle is equivalent or means the same thing.
What was held in R v KELT
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.
What was held in TULI v Police
Prima facie circumstances are those which are sufficient to show or establish intent in the absence of evidence to the contrary.
What was held in DPP v SMITH
Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”
What was held in R v DONOVAN
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
What was held in R v HARNEY
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
Define committing
Must be in the commission of an imprisonable offence
Define imprisonable offence - Section 5 Criminal Procedure Act
in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Define Firearm - Section 2 Arms Act 1983
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive, and includes: anything capable of doing so by adaption, completion, replacement of parts or repair of defect, any dismantled firearm and any specifically dangerous air gun.
