Firearms

Question 1

Discharging Firearm or Doing a dangerous act with intent?

Section & Penalty?

Answer 1

Crimes Act 1961, Section 198(1)(a)-(c)

14 years

Question 2

Crimes Act 1961
Section 198(1)(a)

Answer 2

Discharging firearm or doing dangerous act with intent

• With intent to do GBH
• Discharges any Firearm, Airgun or other similar weapon
• At any person

Question 3

Crimes Act 1961
Section 198(1)(b)

Answer 3

Discharging 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 4

Using any Firearm against a law enforcement officer

& Penalty

Answer 4

Crimes Act 1961, Section 198A(1) -Acting in course of duty
Crimes Act 1961, Section 198A(2) - resist arrest or detention
14 years

Question 5

Crimes Act 1961
Section 198A(1)

Answer 5

Using any firearm against law enforcement officer.

• Uses any firearm in any manner whatever
• against any Constable, Traffic Officer or prison officer
• Acting in the course of his or her duty
• Knowing that or being reckless in whether or not that the person is a constable, traffic officer or prison officer so acting

Question 6

Crimes Act 1961
Section 198A(2)

Answer 6

Using any firearm against law enforcement officer

• Uses any firearm in any manner whatever
• With intent to resist the lawful arrest or detention of himself, or herself or any other person

Question 7

Commission of crime with firearm?

& Penalty?

Answer 7

Crimes Act 1961
Section 198B(1)(a) - Committing/Uses

Section 198B(1)(b) - has firearm/Prima facie

10 years

Question 8

Crimes Act 1961
Section 198B(1)(a)

Answer 8

Commission of crime with firearm

• In committing any imprisonable offence
• Uses any firearm

Question 9

Crimes Act 1961
Section 198B(1)(b)

Answer 9

Commission of 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 10

Firearm - Section 2 Arms Act 1983

Answer 10

firearm—

(a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) includes—
(i) anything that has been adapted and
(ii) anything which is not for the time being capable of and
(iii) anything which is for the time being dismantled or partially dismantled; and
(iv) any specially dangerous airgun

Question 11

Airgun - Section 2 Arms Act 1983

Answer 11

airgun includes—

(a) any air rifle; and
(b) any air pistol; and
(c) 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

Question 12

Intent - R v Collister

Answer 12

Defendants intent inferred from the circumstances.

• Actions and words, before, during and after the event
• surrounding circumstances
• nature of the act itself

Question 13

Intent in relation to 198(1)(a)

Answer 13

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.

Question 14

Section 198

3x Mens Rea

Answer 14

Intention to do GBH
Intention to Injure
Reckless disregard for the safety of others

Question 15

Section 198

3x Actus Reus

Answer 15

Discharging a firearm at a person
Delivering Explosive / injuring substance
setting fire to property

Question 16

Police v Parker

Use in any manner whatever

Answer 16

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 17

Imprisonable Offence

Answer 17

Section 5, Criminal Procedures Act 2011

in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

Question 18

R v Kelt - 198B

Answer 18

Having a firearm ‘with him’ requires ‘a very close link and a degree of immediate control over the weapon by the man alleged to have the firearm with him’

Question 19

Tuli v Police

Answer 19

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

Question 20

R v Pekepo

Answer 20

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.