Firearms Flashcards
Discharging firearm with intent Section Act Penalty Ingredients
Section: 198(1)(a)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- With intent to do GBH
* ****** - Discharges any firearm OR Airgun OR Similar weapon
* ******* - At any person
Ingredients - Definitions and case law
With intent to do GBH
- Intent def
- R V Mohan
- R V Waaka
- GBH def
- DPP V Smith
Ingredients - Definitions and case law
Discharges any firearm OR airgun OR similar weapon
- Discharges
2. Firearm OR Airgun OR Similar weapon
Ingredients - Definitions and case law
At any person
- R V Pekepo
2. Person
Intent
A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it
R V Mohan
A decision to bring about, in so far as it lies within the accused power, the commission of the offence
R V Waaka
A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act
GBH
GBH can be defined simply as harm that is really serious
DPP V Smith
Bodily harm needs no explanation and grievous means no more and no less than really serios
Discharges
To discharge in this context means to fire or shoot
Firearm
Firearm
(a) means anything from which any shot, bullet, missile or other projectile can be discharge by force of explosive and
(b) Includes
(i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive and
(ii) Anything which is not, for the time being capable of discharging any shot, bullet, missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph and
(iii) anything (being a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph) which is for the time being dismantled or partly dismantled and
(iv) any specially dangerous airgun
Section 2, Arms Act 1983
Airgun
Airgun includes (a) any air rifle (b) any air pistol (a) any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot bullet, missile or other projectile can be discharged Section 2, Arms Act 1983
Similar weapon
Similar weapon
R V Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established
Person
Gender neutral, proven by judicial notice or circumstancially
Doing a dangerous act with intent Section Act Penalty Ingredients
Section: 198(1)(b)
Act: Crimes Act 1961
Penalty: 14 years
Ingredients
- With intent to do GBH
* ****** - Sends or delivers OR puts in any place
* ******* - Any explosive OR injurious substance or device
Ingredients - Definitions and case law
Sends or delivers to any person
- Sends to or delivers
2. Person
Ingredients - Definitions and case law
Puts in any place
- Puts in any place